Sec. 46b-38c. Family violence response and intervention units. Local units. Duties and functions. Protective orders. Pretrial family violence education program.
Sec. 46b-38c. Family violence response and intervention units. Local units.
Duties and functions. Protective orders. Pretrial family violence education program. (a) There shall be family violence response and intervention units in the Connecticut judicial system to respond to cases involving family violence. The units shall be
coordinated and governed by formal agreement between the Chief State's Attorney and
the Judicial Department.
(b) The Court Support Services Division, in accordance with the agreement between
the Chief State's Attorney and the Judicial Department, shall establish within each geographical area of the Superior Court a local family violence intervention unit to implement sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g. The Court Support Services Division shall oversee direct operations of the local units.
(c) Each such local family violence intervention unit shall: (1) Accept referrals of
family violence cases from a judge or prosecutor, (2) prepare written or oral reports on
each case for the court by the next court date to be presented at any time during the court
session on that date, (3) provide or arrange for services to victims and offenders, (4)
administer contracts to carry out such services, and (5) establish centralized reporting
procedures. All information provided to a family relations officer in a local family violence intervention unit shall be solely for the purposes of preparation of the report and
the protective order forms for each case and recommendation of services and shall otherwise be confidential and retained in the files of such unit and not be subject to subpoena
or other court process for use in any other proceeding or for any other purpose, except
that if the victim has indicated that the defendant holds a permit to carry a pistol or
revolver or possesses one or more firearms, the family relations officer shall disclose
such information to the court and the prosecuting authority for appropriate action.
(d) In all cases of family violence, a written or oral report and recommendation of
the local family violence intervention unit shall be available to a judge at the first court
date appearance to be presented at any time during the court session on that date. A
judge of the Superior Court may consider and impose the following conditions to protect
the parties, including, but not limited to: (1) Issuance of a protective order pursuant to
subsection (e) of this section; (2) prohibition against subjecting the victim to further
violence; (3) referral to a family violence education program for batterers; and (4) immediate referral for more extensive case assessment. Such protective order shall be an order
of the court, and the clerk of the court shall cause (A) a certified copy of such order to
be sent to the victim, and (B) a copy of such order, or the information contained in such
order, to be sent by facsimile or other means within forty-eight hours of its issuance to
the law enforcement agency for the town in which the victim resides and, if the defendant
resides in a town different from the town in which the victim resides, to the law enforcement agency for the town in which the defendant resides. If the victim is employed in
a town different from the town in which the victim resides, the clerk of the court shall,
upon the request of the victim, send, by facsimile or other means, a copy of such order,
or the information contained in such order, to the law enforcement agency for the town
in which the victim is employed within forty-eight hours of the issuance of such order.
(e) A protective order issued under this section may include provisions necessary
to protect the victim from threats, harassment, injury or intimidation by the defendant,
including, but not limited to, an order enjoining the defendant from (1) imposing any
restraint upon the person or liberty of the victim, (2) threatening, harassing, assaulting,
molesting or sexually assaulting the victim, or (3) entering the family dwelling or the
dwelling of the victim. A protective order issued under this section may include provisions necessary to protect any animal owned or kept by the victim including, but not
limited to, an order enjoining the defendant from injuring or threatening to injure such
animal. Such order shall be made a condition of the bail or release of the defendant
and shall contain the following language: "In accordance with section 53a-223 of the
Connecticut general statutes, any violation of this order constitutes criminal violation
of a protective order which is punishable by a term of imprisonment of not more than
five years, a fine of not more than five thousand dollars, or both. Additionally, in accordance with section 53a-107 of the Connecticut general statutes, entering or remaining in
a building or any other premises in violation of this order constitutes criminal trespass
in the first degree which is punishable by a term of imprisonment of not more than one
year, a fine of not more than two thousand dollars, or both. Violation of this order also
violates a condition of your bail or release, and may result in raising the amount of bail
or revoking release." Every order of the court made in accordance with this section after
notice and hearing shall also contain the following language: "This court had jurisdiction
over the parties and the subject matter when it issued this protection order. Respondent
was afforded both notice and opportunity to be heard in the hearing that gave rise to
this order. Pursuant to the Violence Against Women Act of 1994, 18 USC 2265, this
order is valid and enforceable in all fifty states, any territory or possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico and tribal lands."
The information contained in and concerning the issuance of any protective order issued
under this section shall be entered in the registry of protective orders pursuant to section
51-5c.
(f) In cases referred to the local family violence intervention unit, it shall be the
function of the unit to (1) identify victim service needs and, by contract with victim
service providers, make available appropriate services and (2) identify appropriate offender services and where possible, by contract, provide treatment programs for offenders.
(g) There shall be a pretrial family violence education program for persons who
are charged with family violence crimes. The court may, in its discretion, invoke such
program on motion of the defendant when it finds: (1) That the defendant has not previously been convicted of a family violence crime which occurred on or after October
1, 1986; (2) the defendant has not had a previous case assigned to the family violence
education program; (3) the defendant has not previously invoked or accepted accelerated
rehabilitation under section 54-56e for a family violence crime which occurred on or
after October 1, 1986; and (4) that the defendant is not charged with a class A, class B
or class C felony, or an unclassified felony carrying a term of imprisonment of more
than ten years, or unless good cause is shown, a class D felony or an unclassified offense
carrying a term of imprisonment of more than five years. Participation by any person
in the accelerated pretrial rehabilitation program under section 54-56e prior to October
1, 1986, shall not prohibit eligibility of such person for the pretrial family violence
education program under this section. The court may require that the defendant answer
such questions under oath, in open court or before any person designated by the clerk
and duly authorized to administer oaths, under the penalties of perjury as will assist the
court in making these findings. The court, on such motion, may refer the defendant to
the family violence intervention unit, and may continue his case pending the submission
of the report of the unit to the court. The court shall also give notice to the victim or
victims that the defendant has requested assignment to the family violence education
program, and, where possible, give the victim or victims opportunity to be heard. Any
defendant who accepts placement in the family violence education program shall agree
to the tolling of any statute of limitations with respect to the crime or crimes with which
he is charged, and to a waiver of his right to a speedy trial. Any such defendant shall
appear in court and shall be released to the custody of the family violence intervention
unit for such period, not exceeding two years, and under such conditions as the court
shall order. If the defendant refuses to accept, or, having accepted, violates such conditions, his case shall be brought to trial. If the defendant satisfactorily completes the
family violence education program and complies with the conditions imposed for the
period set by the court, he may apply for dismissal of the charges against him and the
court, on finding satisfactory compliance, shall dismiss such charges. Upon dismissal
all records of such charges shall be erased pursuant to section 54-142a.
(h) A fee of two hundred dollars shall be paid to the court by any person who enters
the family violence education program, except that no person shall be excluded from
such program for inability to pay the fee, provided (1) the person files with the court an
affidavit of indigency or inability to pay and (2) the court enters a finding thereof. All
such fees shall be credited to the General Fund.
(i) The Judicial Department shall establish an ongoing training program for judges,
Court Support Services Division personnel and clerks to inform them about the policies
and procedures of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g,
including, but not limited to, the function of the family violence intervention units and
the use of restraining and protective orders.
(P.A. 86-337, S. 3; P.A. 87-567, S. 3, 7; P.A. 89-219, S. 1, 10; P.A. 91-6, S. 2, 3; 91-24, S. 3; 91-381, S. 4; P.A. 93-280, S. 2; 93-343; P.A. 96-180, S. 125, 166; 96-246, S. 33, 34; P.A. 97-126, S. 2; P.A. 01-130, S. 13; P.A. 02-132, S. 13,
14, 55; P.A. 03-202, S. 5; P.A. 05-288, S. 157; P.A. 06-196, S. 170; P.A. 07-78, S. 2.)
History: P.A. 87-567 amended Subsec. (c) by adding "to be presented at any time during the court session on that date"
and provision re confidentiality of information provided to family relations officer; amended Subsec. (d) by adding "to be
presented at any time during the court session on that date"; and amended Subsec. (g) by changing $200 fee to $50 fee;
P.A. 89-219 amended Subsec. (g) by increasing the fee to $100; P.A. 91-6 deleted Subsec. (c)(5) re provision of monitoring
systems for all restraining and protective orders; P.A. 91-24 amended Subsec. (f) to authorize the court to require the
defendant to answer questions under oath "before any person designated by the clerk and duly authorized to administer
oaths"; P.A. 91-381 amended Subsec. (d) by adding "pursuant to subsection (e)" after "protective order" and inserted new
Subsec. (e) re provisions of protective order, including specific language required to be contained in such order and requiring
that order be made a condition of bail or release of defendant, relettering remaining Subsecs. as necessary; P.A. 93-280
amended Subsec. (h) by increasing the fee for person entering family violence education program from $100 to $200; P.A.
93-343 amended Subsec. (e) by adding provision re establishment of twenty-four-hour registry of protective orders on the
Connecticut on-line law enforcement communications teleprocessing system; P.A. 96-180 made technical change in Subsec. (e) by changing fine from $1,000 to $2,000 in accordance with P.A. 92-256, effective June 3, 1996; P.A. 96-246
amended Subsecs. (b) and (i) by deleting references to Sec. 17a-101(e) and Sec. 17a-107; P.A. 97-126 amended Subsec.
(e) by adding required language in protective order re jurisdiction, notice and hearing, and validity and enforceability of
order; P.A. 01-130 amended Subsec. (c) to add exception to the requirement that information provided to the family
relations officer remain confidential by providing that if the victim has indicated that the defendant holds a permit to carry
a pistol or revolver or possesses one or more firearms the family relations officer shall disclose such information to the
court and the prosecuting authority and amended Subsec. (d) to make a technical change, to reposition language re nature
and distribution of a protective order and to replace the requirement that the clerk send a certified copy of the order to the
"appropriate law enforcement agency" with requirement that the clerk send a copy of the order to the law enforcement
agency for the town in which the victim resides, to the law enforcement agency for the town in which the respondent
resides if different than the town in which the victim resides and, if requested by the victim, to the law enforcement agency
for the town in which the victim is employed if different than the town in which the victim resides; P.A. 02-132 amended
Subsec. (b) by replacing "Family Relations Division of the Superior Court" and "Family Relations Division" with "Court
Support Services Division", effective October 1, 2002, amended Subsec. (c) by adding provisions re preparation of protective order forms and disclosure of information for appropriate action and making technical changes, amended Subsec. (d)
by replacing provisions re sending certified copy of order to law enforcement agency with provisions re sending copy of
or information contained in order to law enforcement agency by facsimile or other means and making technical changes
and amended Subsec. (e) by deleting provisions re Department of Public Safety registry of protective orders, adding
provisions re entry of information into registry of protective orders pursuant to Sec. 51-5c and making technical changes,
effective January 1, 2003, and amended Subsec. (i) by replacing "Family Division personnel" with "Court Support Services
Division personnel", deleting reference to bail commissioners and making a technical change, effective October 1, 2002;
P.A. 03-202 amended Subsec. (e) by revising language required to be contained in protective order to specify five-year
term of imprisonment and $5,000 fine for criminal violation of a protective order and make a conforming change; P.A.
05-288 made technical changes in Subsec. (e), effective July 13, 2005; P.A. 06-196 made technical changes in Subsec.
(d), effective June 7, 2006; P.A. 07-78 amended Subsec. (e) by adding provision authorizing protective order to include
provisions necessary to protect any animal owned or kept by the victim.
Cited. 219 C. 752.
Cited. 45 CA 722. Writ of error challenging the constitutionality of this statute was improper where Sec. 54-63g provides
exclusive remedy of petition for review of an order concerning release. 110 CA 653.
Ability to issue a protective order, which is a restriction on defendant's liberty, is not punitive but is meant to protect
victims of family violence, and the state has a legitimate and significant interest in doing so. 46 CS 598. Creation of a class
of victims and defendants does not affect prosecution of any crime, does not afford victim greater rights with regard to
defendant's prosecution, and is a legitimate classification, being neither arbitrary nor irrational, and thus does not violate
equal protection rights. Id. Defendant's due process rights were not violated by issuance of a protective order without an
adversarial hearing; issuance of a protective order is not in the nature of a trial, so defendant was not denied right to an
impartial tribunal; summons for disorderly conduct and report from an officer is sufficient information to find beyond a
preponderance of the evidence that a protective order should be issued; there is no right against self-incrimination since
information was not used in defendant's criminal case, but only to determine whether to issue a protective order. Id.