CHAPTER 815e

MARRIAGE

Table of Contents

Sec. 46b-25. (Formerly Sec. 46-5b). Application for license.

Sec. 46b-38a. Family violence prevention and response: Definitions.

Sec. 46b-38b. Investigation of family violence crime by peace officer. Arrest. Assistance to victim. Guidelines. Compliance with model law enforcement policy on family violence. Education and training program. Assistance and protocols for victims whose immigration status is questionable. Exceptions.

Sec. 46b-38c. Family violence response and intervention units. Local units. Duties and functions. Protective orders. Electronic monitoring pilot program. Pretrial family violence education program; fees. Training program.


Sec. 46b-25. (Formerly Sec. 46-5b). Application for license. No license may be issued by the registrar until both persons have appeared before the registrar and made application for a license. The registrar shall issue a license to any two persons eligible to marry under this chapter. The license shall be completed in its entirety, dated, signed and sworn to by each applicant and shall state each applicant's name, age, birthplace, residence, whether single, widowed or divorced and whether under the supervision or control of a conservator or guardian. The Social Security numbers of both persons shall be recorded in the “administrative purposes” section of the license. If the license is signed and sworn to by the applicants on different dates, the later date shall be deemed the date of application.

(1967, P.A. 313, S. 2; P.A. 78-230, S. 6, 54; P.A. 96-3; June 18 Sp. Sess. P.A. 97-7, S. 16, 38; P.A. 01-163, S. 34; P.A. 04-255, S. 26; P.A. 09-13, S. 5; P.A. 12-197, S. 2; P.A. 21-173, S. 3.)

History: P.A. 78-230 restated provisions; Sec. 46b-5b transferred to Sec. 46b-25 in 1979 and internal section reference revised to reflect its transfer; P.A. 96-3 substituted “race” for “color”; June 18 Sp. Sess. P.A. 97-7 required that Social Security numbers be stated on application for marriage license, effective July 1, 1997; P.A. 01-163 revised requirements re Social Security numbers, deleted requirement for applicant's occupation, deleted provisions re public examination and filing of applications and made technical changes; P.A. 04-255 added requirement that license be completed in its entirety; P.A. 09-13 added provision requiring registrar to issue license to any 2 persons eligible to marry under this chapter and replaced “the bride and groom” with “both persons”, effective April 23, 2009; P.A. 12-197 amended provision re date of application signed by applicants on different dates by replacing “earlier date” with “later date”; P.A. 21-173 deleted “race”.

Sec. 46b-38a. Family violence prevention and response: Definitions. For the purposes of sections 46b-38a to 46b-38f, inclusive:

(1) “Family violence” means 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, but not limited to, stalking or a pattern of threatening, between family or household members. Verbal abuse or argument does not constitute family violence unless there is present danger and the likelihood that physical violence will occur.

(2) “Family or household member” means any of the following persons, regardless of the age of such person: (A) Spouses or former spouses; (B) parents or their children; (C) persons related by blood or marriage; (D) persons other than those persons described in subparagraph (C) of this subdivision presently residing together or who have resided together; (E) persons who have a child in common regardless of whether they are or have been married or have lived together at any time; and (F) persons in, or who have recently been in, a dating relationship.

(3) “Family violence crime” means a crime as defined in section 53a-24, other than a delinquent act, as defined in section 46b-120, which, in addition to its other elements, contains as an element thereof an act of family violence to a family or household member. “Family violence crime” includes any violation of section 53a-222, 53a-222a, 53a-223, 53a-223a or 53a-223b when the condition of release or court order is issued for an act of family violence or a family violence crime. “Family violence crime” does not include acts by parents or guardians disciplining minor children unless such acts constitute abuse.

(4) “Institutions and services” means peace officers, service providers, mandated reporters of abuse, agencies and departments that provide services to victims and families and services designed to assist victims and families.

(5) “Dominant aggressor” means the person who poses the most serious ongoing threat in a situation involving the suspected commission of a family violence crime.

(P.A. 86-337, S. 1; P.A. 87-567, S. 1, 7; P.A. 88-364, S. 59, 123; P.A. 99-186, S. 2; P.A. 11-152, S. 2; 11-157, S. 21; P.A. 12-114, S. 2; P.A. 18-5, S. 1; P.A. 21-78, S. 4.)

History: P.A. 87-567 amended definitions of “family violence” by adding provision re verbal abuse or argument, “family or household member” by adding “and their children”, changing “sixteen” to “eighteen” and adding persons 16 or older other than persons in Subpara. (C) and “family violence crime” by deleting former provisions and adding “in addition to its other elements, contains as an element thereof an act of family violence to a family member and shall not include acts by parents or guardians disciplining minor children unless such acts constitute abuse”; P.A. 88-364 amended Subdiv. (2)(D) to remove a redundant reference to persons who have resided together in the recent past; P.A. 99-186 added Subdiv. (2)(F) re persons in, or having recently been in, a dating relationship; P.A. 11-152 amended Subdiv. (2)(F) to redefine “family or household member” by adding “regardless of the age of such persons”; P.A. 11-157 amended Subdiv. (3) to redefine “family violence crime” by excluding a delinquent act as defined in Sec. 46b-120; P.A. 12-114 redefined “family violence” in Subdiv. (1) to include stalking or pattern of threatening, redefined “family or household member” in Subdiv. (2) to apply to enumerated persons regardless of age, redefined “family violence crime” in Subdiv. (3) to include crimes that contain element of family violence to a household member, and made technical and conforming changes; P.A. 18-5 amended Subdiv. (1) by replacing “shall not constitute” with “does not constitute”, added Subdiv. (5) defining “dominant aggressor”, and made a technical change, effective January 1, 2019; P.A. 21-78 amended Subdiv. (3) to redefine “family violence crime”, effective July 1, 2021.

Sec. 46b-38b. Investigation of family violence crime by peace officer. Arrest. Assistance to victim. Guidelines. Compliance with model law enforcement policy on family violence. Education and training program. Assistance and protocols for victims whose immigration status is questionable. Exceptions. (a) Except as provided in subsections (b) and (c) of this section, whenever a peace officer determines upon speedy information that a family violence crime has been committed within such officer's jurisdiction, such officer shall arrest the person suspected of its commission and charge such person with the appropriate crime. The decision to arrest and charge shall not (1) be dependent on the specific consent of the victim, (2) consider the relationship between persons suspected of committing a family violence crime, or (3) be based solely on a request by the victim. Whenever a peace officer determines that a family violence crime has been committed, such officer may seize any firearm or electronic defense weapon, as defined in section 53a-3, or ammunition at the location where the crime is alleged to have been committed that is in the possession of any person arrested for the commission of such crime or suspected of its commission or that is in plain view. Not later than seven days after any such seizure, the law enforcement agency shall return such firearm, electronic defense weapon or ammunition in its original condition to the rightful owner thereof unless such person is ineligible to possess such firearm, electronic defense weapon or ammunition or unless otherwise ordered by the court.

(b) When complaints of family violence are made by two or more opposing persons, a peace officer is not required to arrest both persons. The peace officer shall evaluate each complaint separately to determine which person is the dominant aggressor. In determining which person is the dominant aggressor, the peace officer shall consider the need to protect victims of domestic violence, whether one person acted in defense of self or a third person, the relative degree of any injury, any threats creating fear of physical injury, and any history of family violence between such persons, if such history can reasonably be obtained by the peace officer. The peace officer shall arrest the person whom the officer believes to be the dominant aggressor.

(c) If a peace officer believes probable cause exists for the arrest of two or more persons, in lieu of arresting or seeking a warrant for the arrest of any person determined not to be the dominant aggressor, such peace officer may submit a report detailing the conduct of such person during the incident to the state's attorney for the judicial district in which the incident took place for further review and advice. The provisions of this section shall be construed to discourage, when appropriate, but not prohibit, dual arrests.

(d) No peace officer investigating an incident of family violence shall threaten, suggest or otherwise indicate, the arrest of all persons involved in such incident for the purpose of discouraging any request from a person for law enforcement intervention.

(e) No peace officer shall be held liable in any civil action regarding personal injury or injury to property brought by any party to a family violence incident for (1) an arrest based on probable cause; (2) any conditions of release imposed pursuant to subsection (b) of section 54-63c; or (3) determinations made pursuant to subsection (b) or (c) of this section.

(f) It shall be the responsibility of the peace officer at the scene of a family violence incident to provide immediate assistance to the victim. Such assistance shall include, but need not be limited to: (1) Assisting the victim to obtain medical treatment if such treatment is required; (2) notifying the victim of the right to file an affidavit for a warrant for arrest; (3) informing the victim of services available, including providing the victim with contact information for a regional family violence organization that employs, or provides referrals to, counselors who are trained in providing trauma-informed care; (4) referring the victim to the Office of Victim Services; and (5) providing assistance in accordance with the uniform protocols for treating victims of family violence whose immigration status is questionable, established pursuant to subsection (i) of this section. In cases where the officer has determined that no cause exists for an arrest, assistance shall include: (A) Assistance as provided in subdivisions (1) to (5), inclusive, of this subsection; and (B) remaining at the scene for a reasonable time until, in the reasonable judgment of the officer, the likelihood of further imminent violence has been eliminated. For the purposes of this subsection, “trauma-informed care” means services (i) directed by a thorough understanding of the neurological, biological, psychological and social effects of trauma and violence on a person; and (ii) delivered by a regional family violence organization that employs, or provides referrals to, counselors who: (I) Make available to the victim of family violence resources on trauma exposure, its impact and treatment; (II) engage in efforts to strengthen the resilience and protective factors of victims of family violence who are impacted by and vulnerable to trauma; (III) emphasize continuity of care and collaboration among organizations that provide services to children; and (IV) maintain professional relationships for referral and consultation purposes with programs and persons with expertise in trauma-informed care.

(g) (1) Each law enforcement agency shall develop, in conjunction with the Division of Criminal Justice, and implement specific operational guidelines for arrest policies in family violence incidents. Such guidelines shall include, but need not be limited to: (A) Procedures for the conduct of a criminal investigation; (B) procedures for arrest and for victim assistance by peace officers; (C) education as to what constitutes speedy information in a family violence incident; (D) procedures with respect to the provision of services to victims; and (E) such other criteria or guidelines as may be applicable to carry out the purposes of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g. Such procedures shall be duly promulgated by such law enforcement agency. On and after October 1, 2012, each law enforcement agency shall develop and implement specific operational guidelines for arrest policies in family violence incidents which, at a minimum, meet the standards set forth in the model law enforcement policy on family violence established in subdivision (2) of this subsection.

(2) There is established a model law enforcement policy on family violence for the state. Such policy shall consist of the model policy submitted by the task force established in section 19 of public act 11-152* on January 31, 2012, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, as amended from time to time by the Family Violence Model Policy Governing Council established pursuant to section 46b-38j.

(3) Not later than January 15, 2013, and annually thereafter, the chairperson of the Police Officer Standards and Training Council shall provide notice of updates to the model policy, if any, adopted by the council during the prior calendar year, to the chief law enforcement officer of each municipality having a police department, the law enforcement instructor of each such police department, and the Commissioner of Emergency Services and Public Protection.

(4) Not later than July 1, 2013, and annually thereafter, each law enforcement agency shall submit a report to the Commissioner of Emergency Services and Public Protection, in such form as the commissioner prescribes, regarding the law enforcement agency's compliance with the model law enforcement policy on family violence for the state.

(5) (A) On and after July 1, 2021, each law enforcement agency shall designate at least one officer with supervisory duties to expeditiously process, upon request of a victim of family violence or other crime who is applying for U Nonimmigrant Status (i) a certification of helpfulness on Form I-918, Supplement B, or any subsequent corresponding form designated by the United States Department of Homeland Security, confirming that the victim of family violence or other crime has been helpful, is being helpful or is likely to be helpful in the investigation or prosecution of the criminal activity, and (ii) any subsequent certification required by the victim. As used in this subparagraph, “expeditiously” means not later than sixty days after the date of receipt of the request for certification of helpfulness, or not later than fourteen days after the date of receipt of such request if (I) the victim is in federal immigration removal proceedings or detained, or (II) the victim's child, parents or siblings would become ineligible for an immigration benefit by virtue of the victim or the sibling of such victim attaining the age of eighteen years, or the victim's child attaining the age of twenty-one years.

(B) By signing a certification of helpfulness, the officer or agency is not making a determination of eligibility for U Nonimmigrant Status. The officer or agency is solely providing information required by the United States Department of Homeland Security on such form as is required by said department and certifying that: (i) The requesting individual or his or her family member is a victim of one of the enumerated crimes eligible for U Nonimmigrant Status, (ii) the victim possesses or possessed information regarding that crime, (iii) the victim has been, is being or is likely to be helpful in an investigation of that crime, and (iv) the victim has not failed or refused to provide reasonably requested information or assistance. A current or ongoing investigation, filing of criminal charges, prosecution or conviction is not required for a victim to request and obtain certification under this subdivision.

(h) The Police Officer Standards and Training Council, in conjunction with the Division of Criminal Justice, shall establish an education and training program for law enforcement officers, supervisors and state's attorneys on the handling of family violence incidents. Training under such program shall: (1) Stress the enforcement of criminal law in family violence cases and the use of community resources, and include training for peace officers at both recruit and in-service levels; and (2) include, but not be limited to: (A) The nature, extent and causes of family violence; (B) factors for determining a dominant aggressor in a family violence case; (C) legal rights of and remedies available to victims of family violence and persons accused of family violence; (D) services and facilities available to victims and persons who commit acts of family violence; (E) legal duties imposed on police officers to make arrests and to offer protection and assistance, including applicable probable cause standards; and (F) techniques for handling incidents of family violence that minimize the likelihood of injury to the officer and promote the safety of the victim. Training under such program shall also include, within available appropriations, information on (i) the impact of arrests of multiple parties in a family violence case on the immigration status of the parties; (ii) crime scene investigation and evaluation practices in family violence cases designed by the council to reduce the number of multiple arrests in family violence cases; and (iii) practical considerations in the application of the general statutes related to family violence. Such training shall also address, within available appropriations, eligibility for federal T Visas for victims of human trafficking and federal U Visas for unauthorized immigrants who are victims of family violence and other crimes.

(i) The Police Officer Standards and Training Council shall establish uniform protocols for treating victims of family violence whose immigration status is questionable, and shall make such protocols available to law enforcement agencies. Each law enforcement agency shall adopt and use such protocols on and after the date they are established by the council.

(j) The provisions of this section shall not apply to persons who are (1) attending an institution of higher education and presently residing together in on-campus housing or in off-campus housing that is owned, managed or operated by the institution of higher education or its agent, provided such persons are not family or household members as defined in subparagraph (A), (B), (C), (E) or (F) of subdivision (2) of section 46b-38a, or (2) presently residing in a dwelling unit, as defined in section 47a-1, and making payments pursuant to a rental agreement, as defined in section 47a-1, provided such persons are not family or household members as defined in subparagraph (A), (B), (C), (E) or (F) of subdivision (2) of section 46b-38a.

(P.A. 86-337, S. 2; P.A. 87-554; 87-567, S. 2, 7; 87-589, S. 13, 87; P.A. 95-108, S. 15; P.A. 96-246, S. 32; P.A. 99-186, S. 3; P.A. 00-196, S. 58; P.A. 02-120, S. 1; P.A. 04-66, S. 1; P.A. 07-123, S. 2, 7; Sept. Sp. Sess. P.A. 09-7, S. 64; P.A. 10-36, S. 5; P.A. 11-152, S. 3; P.A. 12-114, S. 19, 23; P.A. 13-3, S. 37; 13-214, S. 11; P.A. 18-5, S. 2; P.A. 19-189, S. 43; P.A. 21-78, S. 5.)

*Note: Section 19 of public act 11-152 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

History: P.A. 87-554 substituted commission on victim services for criminal injuries compensation board; P.A. 87-567 added “as defined in subdivision (3) of section 46b-38a” after “family violence crime” and deleted former provision of Subsec. (e) re release of person arrested in family violence case; P.A. 87-589 made technical change in Subsec. (d); P.A. 95-108 amended Subsec. (f) to rename Municipal Police Training Council as Police Officer Standards and Training Council; P.A. 96-246 amended Subsec. (e) by deleting references to Subsec. (e) of Sec. 17a-101 and Sec. 17a-107; P.A. 99-186 amended Subsec. (a) to exclude a family violence crime involving a dating relationship from provision requiring peace officer to make an arrest when a family violence crime has been committed, to add provision authorizing a peace officer to seize any firearm in possession of any person or in plain view at the crime scene, to add provision requiring the law enforcement agency to return any such seized firearm in its original condition to the rightful owner within 48 hours unless the person is ineligible to possess such firearm or unless otherwise ordered by the court, and to make technical changes for purposes of gender neutrality; P.A. 00-196 changed reference to “Commission on” to “Office of” Victim Services in Subsec. (d); P.A. 02-120 amended Subsec. (a) to make a technical change, to authorize seizure of a firearm whenever a peace officer “determines that a family violence crime has been committed” rather than whenever the officer “makes an arrest under this subsection”, to authorize seizure of a firearm that is in the possession of any person suspected of the commission of a family violence crime and to extend from 48 hours to 7 days the time period after seizure for the law enforcement agency to return the firearm to its rightful owner; P.A. 04-66 amended Subsec. (b) by replacing “received from” with “made by”, replacing “he should seek a warrant” with “such officer should make an arrest or seek a warrant” and adding provision re use of force as means of self defense and made technical changes in Subsecs. (a), (d), (e) and (f); P.A. 07-123 amended Subsec. (a) to make provisions re seizure and return of a firearm applicable to an electronic defense weapon and amended Subsec. (c) to provide that a peace officer shall not be held liable for any conditions of release imposed pursuant to Sec. 54-63c(b); Sept. Sp. Sess. P.A. 09-7 added Subsec. (d)(4) re assistance in accordance with uniform protocols for treating victims whose immigration status is questionable, designated existing Subsec. (e) as Subsec. (e)(1) and added Subsec. (e)(2) re designation of officer to process certification of helpfulness or any subsequent certification required by victim, amended Subsec. (f) to include applicable probable cause standards in Subdiv. (2)(D) and to add training requirements to be included on and after July 1, 2010, added Subsec. (g) re uniform protocols for treating victims whose immigration status is questionable and made technical changes, effective July 1, 2010; P.A. 10-36 amended Subsec. (d)(2) to make a technical change, effective July 1, 2010; P.A. 11-152 amended Subsec. (a) to delete exception from arrest provisions for family violence crime involving a dating relationship, and amended Subsec. (d) to include contact information for regional family violence organization that employs or provides referrals to counselors trained in trauma-informed care in Subdiv. (3), designate portion of Subdiv. (3) re Office of Victim Services as Subdiv. (4), redesignate existing Subdiv. (4) as Subdiv. (5), define “trauma-informed care” and make conforming changes; P.A. 12-114 amended Subsec. (d) to redefine “trauma-informed care” by adding provisions re services delivered by regional family violence organization, effective July 1, 2012, and amended Subsec. (e) to add requirement in Subdiv. (1) that law enforcement agencies develop and implement operational guidelines that meet standards in model law enforcement policy on family violence, add new Subdiv. (2) re model law enforcement policy on family violence for the state, add Subdiv. (3) re notice of updates to model policy to be provided to chief law enforcement officers and law enforcement instructors, add Subdiv. (4) re annual compliance report from law enforcement agencies and redesignate existing Subdiv. (2) as Subdiv. (5), effective October 1, 2012; P.A. 13-3 amended Subsec. (a) to apply provisions re seizure and return of firearms and electronic defense weapons to ammunition; P.A. 13-214 amended Subsec. (f) to substitute “persons who commit acts of family violence” for “batterers” and “general statutes” for “state statutes”; P.A. 18-5 amended Subsec. (a) by adding “Except as provided in subsections (b) and (c) of this section”, and replacing “of the parties” with “between persons suspected of committing a family violence crime” in Subdiv. (2), substantially amended Subsec. (b) by replacing provisions re peace officer investigating incident of family violence and evaluating complaint with new provisions re same, added new Subsec. (c) re police officer's belief probable cause exists for arrest of two or more persons, added new Subsec. (d) re police officer not to threaten, suggest or otherwise indicate arrest of all persons involved in incident of family violence for purpose of discouraging request from person for law enforcement intervention, redesignated existing Subsecs. (c) to (g) as Subsecs. (e) to (i), amended redesignated Subsec. (e) by designating existing provisions re arrest based on probable cause as Subdiv. (1), designating existing provisions re conditions of release imposed pursuant to Sec. 54-63c(b) as Subdiv. (2), and adding Subdiv. (3) re determinations made pursuant to Subsec. (b) or (c), amended redesignated Subsec. (h)(2) by adding new Subpara. (B) re factors for determining dominant aggressor in family violence case, redesignating existing Subparas. (B) to (E) as Subparas. (C) to (F), and further amended redesignated Subsec. (h) by deleting references to July 1, 2010, amended redesignated Subsec. (i) by deleting reference to July 1, 2010, added Subsec. (j) re persons to whom provisions of section are not applicable, and made technical and conforming changes, effective January 1, 2019; P.A. 19-189 amended Subsec. (j) by replacing provision re persons not in dating relationship with provision re persons in off-campus housing owned, managed or operated by institution of higher education or agent, provided persons are not family or household members, and replacing “and” with “or” in Subdiv. (1), and replacing provision re persons not in dating relationship with provision re family or household members in Subdiv. (2), effective July 1, 2019; P.A. 21-78 amended Subsec. (g)(5) by substituting “July 1, 2021” for “July 1, 2010”, designating existing provisions as Subpara. (A), redesignating existing Subparas. (A) and (B) as subclauses (i) and (ii), adding definition of “expeditiously” and adding new Subpara. (B) re certification of helpfulness, effective July 1, 2021.

Sec. 46b-38c. Family violence response and intervention units. Local units. Duties and functions. Protective orders. Electronic monitoring pilot program. Pretrial family violence education program; fees. Training 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 counselor, family relations counselor trainee or family services supervisor employed by the Judicial Department in a local family violence intervention unit shall be used 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 a family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial Department:

(A) Shall disclose to the court and the prosecuting authority for appropriate action information that the victim has indicated that the defendant holds a permit to carry a pistol or revolver, possesses one or more firearms or possesses ammunition;

(B) Shall disclose to an employee of the Department of Children and Families information that indicates that a defendant poses a danger or threat to a child or a custodial parent of the child;

(C) May disclose to another family relations counselor, family relations counselor trainee or family services supervisor information pursuant to guidelines adopted by the Chief Court Administrator;

(D) May disclose to a bail commissioner or an intake, assessment and referral specialist employed by the Judicial Department information regarding a defendant who is on or is being considered for pretrial release;

(E) May disclose to a law enforcement agency information that indicates that a defendant poses a danger or threat to another person;

(F) May disclose, after disposition of a family violence case, to a probation officer or a juvenile probation officer, for purposes of determining service needs and supervision levels, information regarding a defendant who has been convicted and sentenced to a period of probation in the family violence case;

(G) May disclose, after a conviction in a family violence case, to a probation officer for the purpose of preparing a presentence investigation report, any information regarding the defendant that has been provided to the family relations counselor, family relations counselor trainee or family services supervisor in the case or in any other case that resulted in the conviction of the defendant;

(H) May disclose to any organization under contract with the Judicial Department to provide family violence programs and services, for the purpose of determining program and service needs, information regarding any defendant who is a client of such organization, provided no information that personally identifies the victim may be disclosed to such organization; and

(I) Shall disclose such information as may be necessary to fulfill such counselor's, trainee's or supervisor's duty as a mandated reporter under section 17a-101a to report suspected child abuse or neglect.

(d) In all cases of family violence, a written or oral report that indicates whether the parties in the family violence case are parties to a case pending on the family relations docket of the Superior Court and includes 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 persons who commit acts of family violence; 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 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 not later than forty-eight hours after the issuance of such order. If the victim is enrolled in a public or private elementary or secondary school, including a technical education and career school, or an institution of higher education, as defined in section 10a-55, 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 such school or institution of higher education, the president of any institution of higher education at which the victim is enrolled and the special police force established pursuant to section 10a-156b, if any, at the institution of higher education at which the victim is enrolled, if the victim provides the clerk with the name and address of such school or institution of higher education.

(e) (1) 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 (A) imposing any restraint upon the person or liberty of the victim, (B) threatening, harassing, assaulting, molesting or sexually assaulting the victim, or (C) 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 notification: “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 ten years, a fine of not more than ten 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 be accompanied by a notification that is consistent with the full faith and credit provisions set forth in 18 USC 2265(a), as amended from time to time. 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.

(2) Each person who receives an order of the court in accordance with this subsection shall be given a notice that contains the following language: “If a protective order has been issued on your behalf or on behalf of your child, you may elect to give testimony or appear in a family court proceeding remotely, pursuant to section 46b-15c. Please notify the court in writing at least two days in advance of a proceeding if you choose to give testimony or appear remotely, and your physical presence in the courthouse will not be required in order to participate in the court proceeding.”.

(f) The Judicial Department may establish, within available appropriations, a pilot program in three judicial districts for the purpose of using electronic monitoring in accordance with this subsection. Such pilot program shall be conducted in at least one judicial district that contains an urban area, as defined in section 4b-13, and at least one judicial district that does not contain such an urban area. Pursuant to such pilot program, the court may order that any person appearing in such judicial district who is charged with the violation of a restraining order or a protective order, and who has been determined to be a high-risk offender by the family violence intervention unit, be subject to electronic monitoring designed to warn law enforcement agencies, a state-wide information collection center and the victim when the person is within a specified distance of the victim, if the court finds that such electronic monitoring is necessary to protect the victim, provided the cost of such electronic monitoring is paid by the person who is subject to such electronic monitoring, subject to guidelines established by the Chief Court Administrator. If the court orders that such person be subject to electronic monitoring, the clerk of the court shall send, by facsimile or other means, a copy of the order, or the information contained in any such order, to the law enforcement agency or agencies for the town in which the person resides. The Judicial Department shall cease operation of any pilot program established under this subsection not later than March 31, 2011, unless resources are available to continue operation of the pilot program. On and after July 1, 2012, the Judicial Department may resume operation of the pilot program, within available resources, and may operate such pilot program in one or more additional judicial districts, within such available resources.

(g) (1) In cases referred to the local family violence intervention unit, it shall be the function of the unit to (A) identify victim service needs, (B) assess offenders for the purpose of identifying appropriate services, (C) monitor compliance with program requirements by offenders who are allowed to participate in the pretrial family violence education program described in subsection (h) of this section, and (D) monitor offenders who have been referred to pretrial services or programs.

(2) The Judicial Department may contract with victim service providers to make available, either directly or through referral, appropriate services that include, but are not limited to, the provision of trauma-informed care, as defined in subsection (f) of section 46b-38b.

(3) The Judicial Department may contract with service providers to provide domestic violence offender treatment programs for offenders referred by the court. Such treatment programs shall comply with the domestic violence offender program standards promulgated under section 46b-38l. The provisions of this subdivision shall not apply to the pretrial family violence education program described in subsection (h) of this section.

(h) (1) There shall be a pretrial family violence education program for persons who are charged with family violence crimes. At a minimum, such program shall inform participants of the basic elements of family violence law and applicable penalties. The court may, in its discretion, invoke such program on motion of the defendant when it finds: (A) That the defendant has not previously been convicted of a family violence crime which occurred on or after October 1, 1986; (B) the defendant has not had a previous case assigned to the family violence education program; (C) 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 (D) 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, an unclassified offense carrying a term of imprisonment of more than five years or an offense that involved the infliction of serious physical injury, as defined in section 53a-3. 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.

(2) The court, on such motion, may refer the defendant to the family violence intervention unit, and may continue the defendant's 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 the defendant is charged, and to a waiver of the defendant's 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, the defendant's 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, the defendant may apply for dismissal of the charges against the defendant and the court, on finding satisfactory compliance, shall dismiss such charges.

(3) Upon dismissal of charges under this subsection, all records of such charges shall be erased pursuant to section 54-142a.

(i) A nonrefundable application fee of one hundred dollars shall be paid to the court by any person who files a motion pursuant to subdivision (1) of subsection (h) of this section to participate in the pretrial family violence education program, and a fee of three 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 any such fee, provided (1) the person files with the court an affidavit of indigency or inability to pay and the court enters a finding thereof, or (2) such person has been determined indigent and eligible for representation by a public defender who has been appointed on behalf of such person pursuant to section 51-296. The court shall not require a person to perform community service in lieu of payment of such fee, if such fee is waived. All such fees shall be credited to the General Fund.

(j) The Judicial Department shall establish an ongoing training program for judges, Court Support Services Division personnel, guardians ad litem 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. Such training program shall include an examination of the factors that contribute to a family being at risk for episodes of domestic violence within the family. The Judicial Branch may consult with organizations that advocate on behalf of victims of domestic violence in order to ensure that the training includes information on the unique characteristics of family violence crimes.

(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; Sept. Sp. Sess. P.A. 09-7, S. 65; P.A. 10-43, S. 13; 10-144, S. 3; P.A. 11-152, S. 4; P.A. 12-114, S. 3, 6, 24; 12-133, S. 42; June 12 Sp. Sess. P.A. 12-1, S. 131; June 12 Sp. Sess. P.A. 12-2, S. 98; P.A. 13-3, S. 38; 13-214, S. 3, 12; P.A. 14-217, S. 125; 14-234, S. 10; P.A 15-211, S. 21; June Sp. Sess. P.A. 15-5, S. 441; P.A. 16-71, S. 13; P.A. 17-163, S. 3; 17-237, S. 114; P.A. 18-5, S. 4; P.A. 21-78, S. 6; 21-102, S. 16.)

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; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (g) to provide that program shall inform participants of basic elements of family violence law and applicable penalties and to make technical changes, effective July 1, 2010; P.A. 10-43 amended Subsec. (c) to replace “family relations officer” with “family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial Department”, designate existing provision re disclosure of information re firearms permit or possession as Subpara. (A) and amend same to replace “family relations officer” with “family relations counselor, family relations counselor trainee or family services supervisor” and add provision, codified by the Revisors as Subpara. (G), re disclosure of information re suspected child abuse or neglect; P.A. 10-144 amended Subsec. (c) to replace “family relations officer” with “family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial Branch”, designate existing provision re disclosure of information re firearms permit or possession as Subpara. (A) and add Subparas. (B) to (F) re permitted disclosures, amended Subsec. (d)(A) to delete “certified” re copy of order, amended Subsec. (e) to replace requirement re specific language in order re jurisdiction, notice, hearing and validity and enforceability of order with requirement that order indicate that it is accorded full faith and credit pursuant to 18 USC 2265, inserted new Subsec. (f) re electronic monitoring pilot program, redesignated existing Subsecs. (f) to (i) as Subsecs. (g) to (j), and made technical changes; P.A. 11-152 substituted “Judicial Department” for “Judicial Branch”, amended Subsec. (c) to substitute “Shall disclose” for “May disclose” and add “custodial” re parent in Subpara. (B), delete clause (i) and (ii) designators in Subpara. (F) and reposition existing clause (ii) provisions re disclosure to organizations under contract with Judicial Branch to new Subpara. (H) with added proviso that no information personally identify the victim, insert new Subpara. (G) re disclosure to probation officer for purpose of preparing presentence investigation report, redesignate existing Subpara. (G) as Subpara. (I) and make a technical change, amended Subsec. (e) to substitute “notification” for “language” and replace provision re language to be included in order with requirement that order be accompanied by notification consistent with full faith and credit provisions in 18 USC 2265(a), amended Subsec. (g) to add provisions re trauma-informed care, amended Subsec. (h) to insert new Subdiv. designators and make conforming changes, and amended Subsec. (i) to require nonrefundable application fee of $100, increase program entry fee from $200 to $300 and make a technical change; P.A. 12-114 amended Subsec. (g) to redefine “trauma-informed care”, effective July 1, 2012, and amended Subsec. (d) to add provisions re report to judge to indicate whether the parties are parties to a case on the family relations docket and re clerk of court to send copy of order to school at which victim is enrolled, and make technical changes, and amended Subsec. (h)(1)(D) to disqualify offender from the pretrial family violence education program if offense involved infliction of serious physical injury, effective October 1, 2012; P.A. 12-133 amended Subsec. (c) by adding reference to intake, assessment and referral specialist in Subpara. (D); June 12 Sp. Sess. P.A. 12-1 amended Subsec. (f) to allow Judicial Department to resume operation of pilot program and operate same in additional judicial districts within available resources, effective July 1, 2012; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (d) to substitute “technical high school” for “regional vocational technical school”; P.A. 13-3 amended Subsec. (c)(5)(A) to require disclosure to court and prosecuting authority if victim has indicated the defendant possesses ammunition; P.A. 13-214 amended Subsec. (d) to substitute “persons who commit acts of family violence” for “batterers” and amended Subsec. (j) to extend ongoing training program to guardians ad litem; P.A. 14-217 amended Subsec. (e) to replace reference to 5 years and $5,000 with reference to 10 years and $10,000 re required language in order re penalty for criminal violation of a protective order, effective January 1, 2015; P.A. 14-234 amended Subsec. (j) to add provision allowing Judicial Branch to consult with organizations that advocate on behalf of victims of domestic violence to ensure that training includes information on unique characteristics of family violence crimes; P.A. 15-211 amended Subsec. (g) by designating existing provisions as Subdiv. (1) and amending same by redesignating existing Subdiv. (1) re identification of victim service needs as Subpara. (A), deleting provision re making appropriate services available, former Subdiv. (2) re identifying appropriate offender services and definition of “trauma-informed care”, and adding Subparas. (B) and (C) re assessment of offenders and compliance monitoring, by adding new Subdiv. (2) re Judicial Department may contract with victim service providers, and by adding Subdiv. (3) re Judicial Department may contract with service providers to provide domestic violence offender treatment programs, effective January 1, 2016; June Sp. Sess. P.A. 15-5 amended Subsec. (g)(1) by adding Subpara. (D) re monitoring offenders referred to pretrial services or programs, effective January 1, 2016; P.A. 16-71 amended Subsec. (j) by adding provision re training program to include examination of factors that contribute to family being at risk for episodes of domestic violence; P.A. 17-163 amended Subsec. (d) to add provision re victim providing name and address of school or institution of higher education to clerk, effective January 1, 2018; P.A. 17-237 amended Subsec. (d) by replacing “technical high school” with “technical education and career school”, effective July 1, 2017; P.A. 18-5 amended Subsec. (g)(2) by replacing reference to Sec. 46b-38b(d) with reference to Sec. 46b-38b(f), effective January 1, 2019; P.A. 21-78 amended Subsec. (e) by designating existing provisions as Subdiv. (1), redesignating existing Subdivs. (1), (2) and (3) as Subparas. (A), (B) and (C) and adding Subdiv. (2) re notice to person who receives an order of the court; P.A. 21-102 amended Subsec. (i) by redesignating existing Subdiv. (2) re entering of court finding as part of Subdiv. (1) and adding new Subdiv. (2) re finding of indigency based on eligibility for a public defender and prohibition on requiring community service.