Divorce-Related Criminal Law

Divorce Related Criminal Law

In the heat of the motions driven by divorce, or sometimes simply as a tactic, one party brings criminal charges against the other. This is done sometimes to obtain a protective order which will exclude the other spouse from the home. It is a basic policy in Connecticut if the police are called, they will make an arrest. If they make an arrest, a protective order will enter. The arrest may be for various charges but most frequently the charge is breach of peace. Once that happens, the arrested person is required to deal with the underlying criminal charge together with a protective order limiting rights of access to the other party and sometimes the other party’s children and certainly the other party’s residence. These are frustrating cases for everyone involved. We undertake to assist the arrested person with the underlying criminal charge and with the protective order. This generally involves negotiating with the Family Relations office and with the Victims Advocate’s office. Frequently, these cases are devoted to various alternative disposition paths. These issues can become very complicated very quickly. The issues also have to be coordinated with those involved in the actual civil divorce action. We have extensive experience in both arenas and in working between the arenas. There are many traps for the unwary.