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Section 46b-38a – Family violence prevention and response: Definitions

May 15, 2021 | Connecticut, Family Law

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” 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.

Conn. Gen. Stat. ยง 46b-38a

(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.)

Amended by P.A. 18-0005, S. 1 of the Connecticut Acts of the 2018 Regular Session, eff. 1/1/2019.
Amended by P.A. 12-0114, S. 2 of the the 2012 Regular Session, eff. 10/1/2012.
Amended by P.A. 11-0157, S. 21 of the the 2011 Regular Session, eff. 10/1/2011.
Amended by P.A. 11-0152, S. 2 of the the 2011 Regular Session, eff. 10/1/2011.

Cited. 219 C. 752. Cited. 42 CA 624. Creation of a class of victims and defendants does not affect the 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. 46 CS 598.

See chapter 968a re address confidentiality program.