Word Against Word: How Connecticut Domestic Violence Arrests Really Work

At a Glance

• Mandatory arrest: In Connecticut, if police think there’s probable cause, in a domestic violence case, they must make an arrest.
• One statement can be enough: In many cases, one person’s statement alone can put you in handcuffs.
• Next business day in court: You’ll meet Family Relations, the judge will issue a criminal protective order, and you’ll get conditions of release you must follow.

For many clients, this is a shock—one minute an argument, the next a cell. If this just happened to you, take a breath—you’re not alone. I’ve defended Connecticut domestic violence cases for 30+ years, and I hear it constantly: “It’s just her word against mine. How can I be arrested without any evidence?” It can be really frustrating, especially if you are the victim and called 911 for help and wind up getting arrested in a so called “dual arrest”. I can feel disappointment in my client’s voice as they explain the situation to me. While it can feel overwhelming at first, we can work to get these kinds of cases dismissed.

Why “Word Against Word” Can Still Lead to Arrest

Under Connecticut’s mandatory arrest law (C.G.S. § 46b-38b), once officers believe there is probable cause, they must arrest. They don’t weigh fairness, walk away, or chalk it up to a misunderstanding. If they think it might have happened, you’re going downtown. The Connecticut legislature passed a “dominate aggressor statute” that is supposed to protect the victim from being arrested in a dual arrest but in practice most police departments in Connecticut win up arresting both sides of the dispute – only based upon what each one of them says – even if there is no physical evidence.

That means if a partner or family member tells police you hit, shoved, or threatened them, that statement alone can satisfy probable cause. No photos, witnesses, or video are required. A sworn statement is enough.

What Probable Cause Really Means in Connecticut

Probable cause ≠ proof beyond a reasonable doubt. It’s the lowest bar in criminal law—a reasonable belief a crime probably happened. That’s why people who feel completely innocent still find themselves in handcuffs.

Officers at the scene aren’t judges or jurors. They’re trained to err on the side of caution. If they think the complaint is possibly true, they’ll arrest. Probable cause allows arrest, but it doesn’t mean you’re guilty.

What Happens the Next Day in Court

By law, you’ll be brought before a judge on the next business day. At that hearing:

• You’ll meet briefly with Family Relations, who will ask a few background questions.
• The judge will issue a criminal protective order. There’s no question about whether one will be issued—only which level.
• You’ll receive conditions of release, which can control where you live, who you contact, and require surrendering firearms and permits.

Firearms: If the order or facts require it, you must turn over guns and permits immediately. We can often work to have them returned later if the case resolves in your favor.

The Three Types of Protective Orders in Connecticut

• Partial Order — You can still have contact, but you cannot threaten, harass, or abuse the person.
• Residential Stay-Away Order — You cannot return to the shared home, even if you pay the rent or mortgage.
• Full No-Contact Order — No contact of any kind (phone, text, email, social media, or third-party messages).

Important: Violating a protective order is a felony by itself. Even if the other person says, “It’s okay,” the law says otherwise. One text can mean a new charge.

What Really Matters If the Case Goes to Trial

If your case goes to trial, the State must prove guilt beyond a reasonable doubt—a much higher standard than probable cause.

In “word against word” cases, juries look at credibility:

• Is the story consistent?
• Does it make sense?
• Are there texts, 911 calls, medical records, bodycam?

It’s not who talks louder—it’s which version the jury believes. Most cases never reach trial.

Realistic Outcomes: Programs, Dismissals, and Negotiations

Most cases resolve before trial. Depending on your record and facts, common options include:

• Family Violence Education Program (FVEP) — Diversion that can lead to dismissal and erasure upon successful completion.https://www.allanffriedmanlaw.com/the-family-violence-education-program.html
• Negotiations & motions — Exposing inconsistencies, lack of corroboration, or building self-defense can reduce or dismiss charges.

Start early, have a strategy, and avoid missteps while the case is pending.

What You Should Do Right Now

• Stay calm and polite. Don’t argue with police or debate Family Relations.
• Follow your paperwork to the letter. If it says no contact, then no contact.
• Preserve your evidence: photos, texts, call logs, witness names.
• Call me early—being prepared before arraignment matters.

Frequently Asked Questions

How can I be arrested if there’s no evidence?
A sworn statement is evidence. Police need probable cause, not trial-level proof.

What does “probable cause” really mean?
The lowest standard in criminal law: a reasonable belief a crime likely occurred. Enough for arrest, not for conviction.

Can the alleged victim get the case dismissed?
No. After arrest, the case belongs to the State’s Attorney. Recanting can help negotiations, but the prosecutor decides.

Will the judge always issue a protective order?
Yes. The only question is which type—partial, residential stay-away, or full no-contact.

What happens if I violate the order?
You’ll face a new felony charge—even if the other person agreed to contact.

Can I still see my kids if there’s an order?
It depends on the order. We can ask for modifications, carve-outs, or supervised visitation.

What if I acted in self-defense?
You can still be arrested on the spot. Self-defense is raised later and fought with evidence and testimony.

Do I have to go to trial?
Not usually. Many first-time offenders resolve cases through FVEP or AR without a jury trial.

Will this arrest stay on my record?
It appears while pending. If dismissed (e.g., through FVEP), it’s erased from most background checks.

What’s the fastest way to move on?
For many first-time offenders, completing FVEP is the quickest route to dismissal and a clean record.

Talk to a Connecticut Domestic Violence Lawyer Who Knows How This Really Works

Being arrested when it’s your word against someone else’s is overwhelming. You don’t have to face it alone. I’ve defended clients across Stamford, Norwalk, Bridgeport, and Fairfield County for over 30 years. I know how the system works—and how to protect your future.

Call (203) 357-5555 or fill out my contact form to schedule a confidential consultation. The earlier you act, the better your chances of putting this behind you.

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