Family Violence Charges in Connecticut: How the Diversion Program Offers a Second Chance

Facing family violence charges in Connecticut can be a daunting experience, but the state offers a diversionary program that provides eligible defendants a valuable opportunity to address their behavior and potentially avoid a criminal record. This blog post explores Connecticut’s Family Violence Education Program, detailing how it works, who is eligible, and the benefits it offers.

What is Connecticut’s Family Violence Education Program (FVEP)?

The Family Violence Education Program is a pretrial diversionary initiative designed for defendants charged with family violence offenses. Instead of proceeding to trial, eligible defendants can participate in this program to receive education about family violence and work towards rehabilitating their behavior. This program aims to reduce future incidents of violence and help offenders make positive changes in their lives.

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Program Details

• Application: To participate, defendants must submit an application to the court.
• Program Components: Successful applicants are required to complete nine 90-minute psycho-educational sessions. These sessions focus on understanding and reducing family violence. (providers)
• Completion: Upon successful completion of the program and adherence to any additional court-ordered conditions, the charges against the defendant may be dismissed.

Classes are available across Connecticut through judicial branch-contracted community providers.

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Eligibility for the Family Violence Education Program

To qualify for the Family Violence Education Program, defendants must meet specific criteria related to their current charges and prior convictions.

Criteria

• Current Charges: Eligible if charged with a family violence crime, except:
  • Class A, B, or C felonies with a possible prison sentence exceeding 10 years.
  • Class D felonies or unclassified felonies with a possible prison term over 5 years or involving serious physical injury.
• Prior Convictions: Ineligible if previously convicted of a family violence crime on or after October 1, 1986.

Defendants are only allowed to use the program once, either in this program or in accelerated rehabilitation for a family violence crime since October 1, 1986.

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How the Program Works

The Process

1. Application: File a motion with the court to request participation in the program. (application here)
2. Referral: The court may refer eligible defendants to the Family Violence Intervention Unit.
3. Program Participation: Attend and complete nine psycho-educational classes.
4. Completion: If successful and all conditions are met, the court may dismiss the charges.

Defendants must also agree to tolling of any statute of limitations and waive their right to a speedy trial.

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Benefits of the Program

Participating in the Family Violence Education Program offers several advantages:

• Charge Dismissal: Successful completion of the program can lead to the dismissal of charges.
• Record Erasure: Upon dismissal, all records related to the charges are erased, helping to avoid a permanent criminal record.

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The Application and Referral Process

Application

To apply, defendants must submit a motion to the court. If the court grants the application, defendants will be referred to the Family Violence Intervention Unit, (Family Relations) which is responsible for coordinating the program and providing necessary services.

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Victim Notification and Court Proceedings

The court is required to notify victims of the defendant’s application to the program and, where possible, provide victims an opportunity to be heard. This ensures that victims are informed and involved in the process.

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Fees and Financial Considerations

Program Fees

• Application Fee: $100
• Participation Fee: $300

Defendants unable to pay the fees may file an affidavit of indigency or be deemed eligible for a public defender. If fees are waived, defendants are not required to perform community service in lieu of payment.

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Connecticut’s Family Violence Education Program offers a second chance for those facing family violence charges by providing an opportunity for rehabilitation and avoiding a criminal record. By participating in this program, defendants can address their behavior, meet court requirements, and work towards a positive future. If you are facing family violence charges, consider exploring this program and consult with a legal professional to understand your options and ensure the best outcome for your case.

For more information or assistance with the Family Violence Education Program, contact us today. We’re here to help you navigate this challenging time with guidance and support.