6.1 Connecticut Domestic Violence Laws & Mandatory Arrest (CGS 46b-38b)

6.1 Connecticut Domestic Violence Laws & Mandatory Arrest (CGS 46b-38b)

Core Statutory Mandate: Under Connecticut General Statutes § 46b-38b, police officers responding to a domestic violence incident must arrest any person who the officer has probable cause to believe has committed a family violence crime. The law strictly mandates primary aggressor evaluation, prohibits routine dual arrests, and requires immediate implementation of the Lethality Assessment Protocol (LAP) to safeguard victims.

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Statutory Framework & Legislative Intent

Connecticut was a pioneer in enacting mandatory arrest legislation for domestic violence. Passed initially under the landmark Family Violence Prevention and Response Act of 1986, Connecticut General Statutes (CGS) § 46b-38b transformed law enforcement's response to intimate partner and domestic abuse. Prior to this legislation, domestic disputes were frequently treated as private civil matters. Under CGS § 46b-38b, domestic violence is recognized as a serious crime against society requiring decisive law enforcement intervention.

The legislative purpose of CGS § 46b-38b is threefold:

1. Protect Victims: Immediate law enforcement intervention removes the perpetrator from the scene and prevents ongoing physical harm.
2. Establish Accountability: Criminal prosecution shifts the burden of charging from the victim to the state, ensuring perpetrators face legal consequences regardless of victim intimidation.
3. Provide Standardized Protocols: Uniform state standards ensure consistent police response across all municipal and state law enforcement agencies in Connecticut.

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Definition of "Family or Household Member" (CGS § 46b-38a)

For a crime to be classified as a family violence crime under Connecticut law, the offense must be committed between individuals who share a specific statutory relationship. CGS § 46b-38a defines a "Family or Household Member" as any of the following:

1. Spouses or Former Spouses: Currently married individuals or legally divorced spouses.
2. Parents and Their Children: Biological parents, adoptive parents, step-parents, foster parents, and their children.
3. Persons Related by Blood or Marriage: Siblings, in-laws, aunts, uncles, grandparents, and cousins.
4. Persons Having a Child in Common: Individuals who share a child together, regardless of whether they were ever married or resided in the same household.
5. Present or Former Cohabitants: Persons who are currently residing together in the same dwelling unit or who have resided together in the past.
6. Dating Partners: Persons who are presently in, or have recently been in, a dating relationship. (Court factors evaluating a dating relationship include the length of the relationship, the frequency of interaction, and the nature of the relationship).

Definition of "Family Violence"

Under CGS § 46b-38a, family violence is defined as an incident resulting in physical harm, bodily injury, or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury, or assault, including stalking or sexual assault, between family or household members.

Statutory Exception: Verbal abuse, argument, or disagreement does not constitute family violence unless it is accompanied by present danger and fear of imminent physical injury.

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Mandatory Arrest Requirements (CGS § 46b-38b)

When a Connecticut police officer responds to a report of family violence, the officer's discretion regarding arrest is eliminated if statutory criteria are met.

Statutory Criteria for Mandatory Arrest

An officer shall arrest the offender whenever the officer has probable cause to believe that a family violence crime has been committed within the statutory relationship.

Key operational principles governing mandatory arrest:

• No Victim Consent Required: The officer MUST make an arrest even if the victim explicitly requests that no arrest be made, refuses to sign a written statement, or declines to press charges.
• No Visible Physical Injury Required: Physical marks or visible injuries are not legally required to establish probable cause for family violence crimes such as Threatening (CGS § 53a-61aa/62), Reckless Endangerment (CGS § 53a-63/64), or Disorderly Conduct (CGS § 53a-182).
• Prompt Arrest Standard: The arrest must be executed immediately at the scene, or as soon thereafter as reasonable probable cause and locate procedures permit.
• Bail and Arraignment Standards: Persons arrested for family violence crimes must be presented for arraignment on the next court business day pursuant to CGS § 54-1g, allowing the court to issue protective orders immediately.

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Primary Aggressor Determination & Prohibition of Dual Arrests

Historically, responding officers confronted with conflicting allegations or physical injuries on both parties frequently executed dual arrests (arresting both individuals). Dual arrests traumatized victims, discouraged crime reporting, and allowed abusers to leverage the justice system against their victims. To prevent this, CGS § 46b-38b strictly regulates dual arrests and mandates a Primary Aggressor Evaluation.

Statutory Prohibition of Routine Dual Arrests

CGS § 46b-38b(b) explicitly provides that when responding to a family violence complaint, an officer shall not make a dual arrest unless the officer has evaluated the incident and determined that independent probable cause exists that each person committed a separate family violence crime and neither person acted in defensive force.

Primary Aggressor Evaluation Factors

When both parties claim to be victims or present physical injuries, the investigating officer must evaluate the totality of circumstances to identify the dominant/primary aggressor. The primary aggressor is the person who poses the greatest ongoing threat or who initiated the significant violence, not necessarily the person who struck the first blow.

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Orders of Protection and Restraining Orders

Connecticut law provides statutory court orders to restrict contact between abusers and victims. Officers must understand the distinct types, legal mechanisms, and enforcement rules.

Types of Domestic Violence Orders

1. Civil Restraining Order (CGS § 46b-15): Issued by the Superior Court Family Division upon application by a family/household member who has been subjected to continuous threat of present physical pain or physical injury, stalking, or sexual assault.
2. Criminal Protective Order (CGS § 54-1k): Issued by a judge in a criminal court at the arraignment of an arrested individual in a family violence case. Conditions can range from partial protection ("no abuse/harassment") to full residential stay-away ("no contact / residential exclusion").
3. Standing Criminal Protective Order (CGS § 53a-40e): Issued upon conviction for serious family violence offenses, remaining in effect for a designated period or lifetime, surviving probation or parole expiration.

Enforceability & CT Statewide Protective Order Registry

All protective and restraining orders are entered into the Connecticut Statewide Registry of Protective Orders (accessible via COLLECT/NCIC). Under CGS § 53a-223 (Violation of Protective Order) and CGS § 53a-223b (Violation of Restraining Order), violating any order of protection is a class D or class C felony, requiring mandatory arrest upon probable cause.

Under the federal Violence Against Women Act (VAWA, 18 U.S.C. § 2265), protective orders issued in any state or tribal court are fully enforceable by Connecticut law enforcement under Full Faith and Credit.

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Lethality Assessment Protocol (LAP) & Victim Safety

Intimate partner homicides are frequently preceded by identifiable lethality indicators. Connecticut law enforcement agencies utilize the Lethality Assessment Protocol (LAP)—an evidence-based screening tool developed to identify victims of domestic violence who are at highest risk of being killed by their intimate partners.

LAP Screening Process & High-Risk Triggers

Responding officers conduct a mandatory LAP screen when responding to intimate partner violence incidents involving present or former spouses, cohabitants, or dating partners. The LAP questionnaire evaluates critical high-risk indicators:

• Triggering Questions (Immediate High-Risk):
  • Has the abuser ever used a weapon against the victim or threatened the victim with a weapon?
  • Has the abuser threatened to kill the victim or the victim's children?
  • Does the victim believe the abuser will try to kill them?
  • Has the abuser ever tried to choke (strangle) the victim?
• Secondary High-Risk Factors: Access to firearms, violent jealousy, unemployment, forced sexual activity, substance abuse, stalking, and recent separation or divorce.

Protocol Upon High-Risk Identification ("Warm Handoff")

If a victim screens as "High Risk" under LAP criteria:

1. The officer immediately informs the victim that they are in high danger.
2. The officer makes a direct phone call from the scene to the local domestic violence crisis service provider (connected via CT Safe Connect 24/7 hotline).
3. The officer executes a "warm handoff," encouraging the victim to speak directly with a trained domestic violence counselor on the phone right at the scene.

Mandatory Firearms Seizure (CGS § 46b-38b(g))

An officer responding to a family violence incident shall seize all firearms and ammunition at the scene that were used, threatened to be used, or observed in plain view, and must assist the victim in securing safety, medical care, and transportation to a safe shelter.

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Connecticut Domestic Violence Orders Summary