Family Court in Connecticut: What Survivors Need to Know (Jennifer's Law & Custody)

Connecticut has been at the forefront of modernizing family law to better protect survivors. The most significant change in recent years is Jennifer's Law, which expanded the legal definition of domestic violence to include "coercive control."¹ Furthermore, as of January 1, 2025, new protections against coerced debt are fully in effect.²

This guide explains how these laws impact your custody, visitation, and support cases in the Superior Court.

1. Jennifer's Law & "Coercive Control"

In 2021, Connecticut passed "Jennifer's Law" (named after Jennifer Dulos and Jennifer Magnano).³ This law is a game-changer for custody and restraining order cases.

• The Change: You no longer need to prove physical hitting to get a restraining order. The law now recognizes Coercive Control as a form of domestic violence.⁴

• What is Coercive Control? It is a pattern of behavior that restricts your freedom or safety, including:

  • Isolating you from friends and family.⁵

  • Depriving you of basic necessities.⁶

  • Regulating your movements or communications.⁷

  • Humiliating or degrading you.

  • Threatening to harm animals/pets.⁸

Impact on Custody: When determining the "best interests of the child," the judge must consider any history of coercive control.⁹ This can be used to argue against joint custody or for supervised visitation.

2. Restraining Orders: Civil vs. Criminal

Survivors in Connecticut often navigate two different court systems. It is crucial to know the difference:

• Civil Restraining Order ("Relief from Abuse"):

  • Court: Family Court.

  • Who files: You apply for this yourself (Ex Parte).

  • What it does: Can give you temporary custody, exclusive possession of the home, and order the abuser not to contact you.

  • Standard: You must prove a "continuous threat of present physical pain or physical injury, stalking, or a pattern of threatening."¹⁰

• Criminal Protective Order:

  • Court: Criminal Court.

  • Who files: The State (Prosecutor) issues this after an arrest.

  • What it does: Similar protections, but you do not control it. It lasts as long as the criminal case is active (or longer if part of a sentence).

3. Family Relations & Mediation Safety

In almost every divorce or custody case, you will be referred to Family Relations for mediation or a "Case Date."

• Safety Screening: Family Relations Counselors are trained to screen for domestic violence.¹¹ You must disclose the abuse during your individual intake.

• Exemption/Modification: If safety is an issue, they can use "shuttle mediation" (keeping you in separate rooms) or bypass mediation entirely. You are not forced to sit in a room with your abuser if there is a protective order or a credible safety risk.

4. New for 2025: "Coerced Debt" Protection

As of January 1, 2025, Connecticut law now recognizes Coerced Debt.¹²

• What it is: Debt that your abuser forced you to take out (e.g., forcing you to sign for a loan, using your credit card without permission).¹³

• The Protection: You can now bring a claim in family court to have this debt assigned solely to the abuser. You may also have grounds to dispute this debt with creditors, preventing it from ruining your credit score.

5. Custody Terminology

Connecticut still uses traditional terms, though the concepts are evolving:

• Legal Custody: Decision-making power (health, education, religion).¹⁴ Courts prefer "Joint Legal," but you can argue for Sole Legal if the abuser uses decision-making to harass or control you.

• Physical Custody: Who the child lives with (Primary vs. Shared).

• GAL (Guardian ad Litem): An attorney appointed to represent the child's best interests. If a GAL is appointed, ensure they have specific training on coercive control and Jennifer's Law.

Frequently Asked Questions (FAQ)

Q1: Can I keep my address secret?

Yes. Connecticut has an Address Confidentiality Program (ACP) called "Safe at Home."15 It provides you with a substitute mailing address (a PO Box in Hartford) to use on court forms, driver's licenses, and school registries so your abuser cannot find you.

Q2: Do I need a lawyer for a Restraining Order hearing?

It is recommended, but not required. Survivors can represent themselves ("Pro Se"). However, because Jennifer's Law involves complex legal arguments about "control" rather than just physical bruises, having a lawyer or an advocate from a domestic violence agency (like CTSafeConnect) is very helpful.

Q3: Will the judge order "Birdnesting"?

Be careful. Birdnesting is where the children stay in the home and the parents rotate in and out. While trendy, it is highly dangerous and inappropriate in domestic violence cases because it maintains financial entanglement and allows the abuser access to your living space. You should vigorously oppose this arrangement.

Q4: My ex was arrested. Does that mean I get full custody?

Not automatically. While an arrest is strong evidence, the Family Court is separate from Criminal Court. You must still file a Motion for Custody in Family Court and present the police reports and protective orders as evidence of why sole custody is in the child's best interest.

Q5: What if I can't afford the court fees?

Fee Waiver: You can file an "Application for Waiver of Fees" (Form JD-FM-75). If you have low income or receive state assistance, the court will waive the entry fees and the cost of serving papers by a Marshal.

Q6: Can I record my spouse's threats?

Be cautious. Connecticut is generally a "two-party consent" state for telephone recordings (illegal to record calls without permission). However, recording in-person conversations where there is no "expectation of privacy" (like a shouting match in the driveway) is a gray area. Save voicemails and texts—those are always admissible.

References & Resources

• CT Safe Connect: 1-888-774-2900 (24/7 confidential support & connection to local advocates).¹⁶

• Statewide Legal Services of CT: 1-800-453-3320 (Free legal aid intake).

• Judicial Branch Law Libraries: Free "Do It Yourself" guides for Restraining Orders.

• Legislation: Jennifer's Law (Public Act 21-78); Coerced Debt Act (Effective 2025).