This shock usually comes down to one rule: Connecticut’s domestic violence mandatory arrest law, C.G.S. § 46b-38b.
What Is Connecticut’s Mandatory Arrest Law?Connecticut law requires police to make an arrest whenever they believe a family violence crime has occurred. This mandatory arrest policy takes the decision to press charges out of the alleged victim’s hands.
When police respond to a domestic incident, they must:
In most criminal cases, officers have discretion: they can warn, mediate, issue a summons, or make an arrest—and the complaining witness’s wishes often carry real weight. Domestic violence is different. Under C.G.S. § 46b-38b, once police find probable cause that a family-violence crime occurred, arrest is mandatory, even if the alleged victim says they don’t want to press charges. After arrest, the process also moves faster and with tighter restrictions: you’ll typically appear in court on the next business day on the family-violence docket, you may face immediate conditions of release that can keep you from your home, and the judge can issue a criminal protective order at arraignment. Finally, only the prosecutor decides whether to continue or dismiss the case—the alleged victim cannot “drop” the charges.
Who Decides the “Primary Aggressor”?The statute says officers should only arrest the primary aggressor—the person who poses the most serious ongoing threat. Police are told to weigh factors like prior history, severity of injuries, and whether someone acted in self-defense.
In practice? Fairfield County and much of Connecticut still see frequent dual arrests.
Example: A husband calls 911 after his wife scratches him during an argument. She claims he grabbed her first. Both have minor injuries. Instead of deciding who was the true aggressor, police arrest both and let the court figure it out later. Now, two people are facing criminal charges—even if one was only defending themselves.
The Immediate Impact of a Domestic Violence ArrestMost people are released shortly after arrest, but the consequences start immediately:
At arraignment, you may face:
Important: Violating a protective order is a brand-new criminal charge. Follow the order—not private agreements.
Family Relations Interview – What to ExpectBefore you see the judge, Family Relations officers will interview you and the complainant. They make recommendations about protective orders and services. Be polite, be brief, and don’t argue the facts. What you say can and will be used against you.
Common Mistakes That Make Things WorseI’ve defended countless clients blindsided by this law in Stamford, Norwalk, Bridgeport, and across Connecticut. Here’s how I help:
1) What does “mandatory arrest” mean?
Police must arrest if they believe a domestic violence crime occurred, even if the alleged victim doesn’t want charges filed.
2) Can the victim stop the arrest?
No. Once probable cause is found, the victim’s wishes do not matter.
3) What are “conditions of release”?
Restrictions set by police immediately after your arrest. They can prevent you from going home or contacting the alleged victim until court.
4) What’s the difference between conditions of release and a protective order?
Conditions of release come from the police. A protective order comes from the judge at arraignment.
5) Can I be arrested if I acted in self-defense?
Yes. Even people defending themselves are often arrested, especially where both parties have minor injuries.
6) Why do police sometimes arrest both people?
Despite the primary aggressor rule, many departments still default to arresting both when stories conflict.
7) What happens at my first court date?
You’ll meet with Family Relations, then see the judge, who will likely issue a protective order. Having a lawyer at this stage can change the outcome.
8) Will DCF get involved?
If children were present or involved, DCF usually investigates. This can affect custody and parenting.
9) Can the alleged victim “drop” the charges?
No. Only the prosecutor decides whether to dismiss or move forward.
10) How can a lawyer help me right now?
By challenging probable cause, negotiating for less restrictive conditions, and building a strong defense to protect your rights.
If you or a loved one has been arrested under Connecticut’s domestic violence mandatory arrest law, don’t wait—the clock is already ticking toward your first court date.
Contact me, Allan F. Friedman, Criminal Lawyer, for a free consultation today. I’ll review your case, explain your options, and start protecting your rights immediately.
Call now: (203) 357-5555 or fill out my contact form.