Connecticut Domestic Violence Mandatory Arrest Law – What You Need to Know

I tell clients this all the time: in Connecticut, you don’t have to do anything “wrong” to wind up in handcuffs after a domestic dispute. A heated argument, a scratch during a fight, a neighbor calling 911—and suddenly you’re facing criminal charges.

This shock usually comes down to one rule: Connecticut’s domestic violence mandatory arrest law, C.G.S. § 46b-38b.

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:

• Investigate the situation
• Decide who the primary aggressor is
• Arrest if they find probable cause—even if everyone involved says they don’t want anyone arrested

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.

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.

Most people are released shortly after arrest, but the consequences start immediately:

• Conditions of Release – set by police at the station; can bar you from returning home or contacting the alleged victim until court
• Protective Orders at Arraignment – the judge may impose no-contact or stay-away rules the very next business day
• DCF Involvement – if kids were present, the Department of Children and Families may launch an investigation
• Reputation & Employment Risks – the arrest alone can damage your career and personal life

At arraignment, you may face:

• Full No-Contact: No contact at all
• Residential Stay-Away: No contact and you must stay away from the home
• Partial: Contact allowed, but no threats, harassment, or abuse

Important: Violating a protective order is a brand-new criminal charge. Follow the order—not private agreements.

Before 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.

• Texting apologies or trying to “work it out”
• Going back to the home to get belongings without arranging a civil standby
• Posting about the case on social media
• Violating an order of protection
• Ignoring DCF calls if children are involved

• Your paperwork (summons, bond form, release conditions)
• A written timeline of what happened, with screenshots or photos
• Contact information for witnesses
• Housing plan details if you’re temporarily excluded from your home

• Arrest Day: Conditions of release go into effect immediately
• Next Business Day: Court arraignment, Family Relations interview, protective order issued
• After Arraignment: Defense investigation begins, and we push to modify orders and protect your rights

I’ve defended countless clients blindsided by this law in Stamford, Norwalk, Bridgeport, and across Connecticut. Here’s how I help:

• Challenge the Arrest: Was there really probable cause?
• Fight Protective Orders: Push for modifications so you can return home
• Build a Defense: Work toward getting charges reduced—or dismissed altogether

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.