Connecticut General Statutes

Conn. Gen. Stat. § 46b-38a (2026)

Family violence prevention and response: Definitions

✓ current as of May 2026

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For the purposes of sections 46b-38a to 46b-38f, inclusive:

(1) “Family violence” means an incident resulting in physical harm, bodily injury or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury or assault, including, but not limited to, stalking or a pattern of threatening, between family or household members. Verbal abuse or argument does not constitute family violence unless there is present danger and the likelihood that physical violence will occur.

(2) “Family or household member” means any of the following persons, regardless of the age of such person: (A) Spouses or former spouses; (B) parents or their children; (C) persons related by blood or marriage; (D) persons other than those persons described in subparagraph (C) of this subdivision presently residing together or who have resided together; (E) persons who have a child in common regardless of whether they are or have been married or have lived together at any time; and (F) persons in, or who have recently been in, a dating relationship.

(3) “Family violence crime” means a crime as defined in section 53a-24, other than a delinquent act, as defined in section 46b-120, which, in addition to its other elements, contains as an element thereof an act of family violence to a family or household member. “Family violence crime” includes any violation of section 53a-222, 53a-222a, 53a-223, 53a-223a or 53a-223b when the condition of release or court order is issued for an act of family violence or a family violence crime. “Family violence crime” does not include acts by parents or guardians disciplining minor children unless such acts constitute abuse.

(4) “Institutions and services” means peace officers, service providers, mandated reporters of abuse, agencies and departments that provide services to victims and families and services designed to assist victims and families.

(5) “Dominant aggressor” means the person who poses the most serious ongoing threat in a situation involving the suspected commission of a family violence crime.

(P.A. 86-337, S. 1; P.A. 87-567, S. 1, 7; P.A. 88-364, S. 59, 123; P.A. 99-186, S. 2; P.A. 11-152, S. 2; 11-157, S. 21; P.A. 12-114, S. 2; P.A. 18-5, S. 1; P.A. 21-78, S. 4.)

History: P.A. 87-567 amended definitions of “family violence” by adding provision re verbal abuse or argument, “family or household member” by adding “and their children”, changing “sixteen” to “eighteen” and adding persons 16 or older other than persons in Subpara. (C) and “family violence crime” by deleting former provisions and adding “in addition to its other elements, contains as an element thereof an act of family violence to a family member and shall not include acts by parents or guardians disciplining minor children unless such acts constitute abuse”; P.A. 88-364 amended Subdiv. (2)(D) to remove a redundant reference to persons who have resided together in the recent past; P.A. 99-186 added Subdiv. (2)(F) re persons in, or having recently been in, a dating relationship; P.A. 11-152 amended Subdiv. (2)(F) to redefine “family or household member” by adding “regardless of the age of such persons”; P.A. 11-157 amended Subdiv. (3) to redefine “family violence crime” by excluding a delinquent act as defined in Sec. 46b-120; P.A. 12-114 redefined “family violence” in Subdiv. (1) to include stalking or pattern of threatening, redefined “family or household member” in Subdiv. (2) to apply to enumerated persons regardless of age, redefined “family violence crime” in Subdiv. (3) to include crimes that contain element of family violence to a household member, and made technical and conforming changes; P.A. 18-5 amended Subdiv. (1) by replacing “shall not constitute” with “does not constitute”, added Subdiv. (5) defining “dominant aggressor”, and made a technical change, effective January 1, 2019; P.A. 21-78 amended Subdiv. (3) to redefine “family violence crime”, effective July 1, 2021.

See chapter 968a re address confidentiality program.

Cited. 219 C. 752.

Cited. 42 CA 624.

Creation of a class of victims and defendants does not affect the prosecution of any crime, does not afford victim greater rights with regard to defendant's prosecution, and is a legitimate classification, being neither arbitrary nor irrational, and thus does not violate equal protection rights. 46 CS 598.

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Notes of Decisions

Cited in 48 cases (10 in the last 5 years), 1991–2025 · leading case: State v. Fernando a., 981 A.2d 427 (Conn. 2009).

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State v. Fernando a., 981 A.2d 427 (Conn. 2009). · cites it 18× “[2] General Statutes § 54-63c(b) provides: "If the person is charged with the commission of a family violence crime, as defined in section 46b-38a, and the police officer does not intend to impose nonfinancial conditions of release pursuant to this subsection, the police officer…”

State v. Miranda, 878 A.2d 1118 (Conn. 2005). · cites it 4× “General Statutes § 46b-38a, which sets forth definitions related to family violence prevention and response, provides in relevant part: “For the purposes of sections 46b-38a to 46b-38f, inclusive: “(1) ‘Family violence’ means an incident resulting in physical harm, bodily injury…”

State v. Miranda, 715 A.2d 680 (Conn. 1998). · cites it 6× “Therefore, we need not decide whether General Statutes §§ 46b-38a, 17a-101 and 17a-103 create an express statutory duty as well.”

Romano v. City of Derby, 681 A.2d 387 (Conn. App. Ct. 1996). · cites it 4× “In order to qualify for protection under the act, a plaintiff must fall into one of the following categories defined by the statute: “(A) spouses, former spouses; (B) parents and their children; (C) persons eighteen years or age or older related by blood or marriage; (D) persons…”

Kyle S. v. Jayne K., 190 A.3d 68 (Conn. App. Ct. 2018). · cites it 3× “" General Statutes § 46b-38a (2) (A) ; see also Princess Q.”

Putman v. Kennedy, 900 A.2d 1256 (Conn. 2006). · cites it 2× “3 General Statutes § 46b-15 provides in relevant part: “(a) Any family or household member as defined in section 46b-38a who has been subjected to a continuous threat of present physical pain or physical injury by another family or household member or person in, or has recently…”

State v. Winter, 979 A.2d 608 (Conn. App. Ct. 2009). · cites it 4× “*499 In the motion, the defendant claimed, among other things, that the count concerning the criminal violation of a protective order should be dismissed because the court lacked subject matter jurisdiction to issue the protective order, as there was no allegation that a “family…”

State v. Clark, 48 A.3d 135 (Conn. App. Ct. 2012). · cites it 5× “That statute, in turn, defines a family or household member as: “(A) spouses, former spouses; (B) parents and their children; (C) persons eighteen years of age or older related by blood or marriage; (D) persons sixteen years of age or older other than those persons in…”

Dom. Violence Servs. of Greater New Haven, Inc. v. Freedom of Info. Comm'n, 704 A.2d 827 (Conn. App. Ct. 1998). · cites it 2× “The passage of General Statutes §§ 46b-38a through 46b-38g demonstrates the intent of the legislature to make the prevention and treatment of family violence a governmental function.”

State v. Wright, 870 A.2d 1039 (Conn. 2005). · cites it 2× “to 1999) § 46b-38a (1). A “ ‘\f\amily or household member means (A) spouses, former spouses; (B) parents and their children; (C) persons eighteen years of age or older *421 related by blood or marriage; (D) persons sixteen years of age or older other than those persons in…”

State v. Gaymon, 889 A.2d 880 (Conn. App. Ct. 2006). · cites it 10× “” In concluding that the defendant violated the special condition of “no violence toward victim,” the court relied on the definition of “family violence” set forth in General Statutes § 46b-38a (1). The court found that the defendant’s threat, when viewed in light of the…”

State v. Doe, 765 A.2d 518 (Conn. Super. Ct. 2000). · cites it 5× “without procedural safeguards, violates his substantive due process rights under the state and federal constitutions because the protective order entered by the court precluded the defendant from access to his home and property, and subjected him to enhanced criminal liabilities…”

Show all 48 citing cases →

— Conn. Gen. Stat. § 46b-38a(1) — 1 case

State v. Fernando a., 981 A.2d 427 (Conn. 2009). “[2] General Statutes § 54-63c(b) provides: "If the person is charged with the commission of a family violence crime, as defined in section 46b-38a, and the police officer does not intend to impose nonfinancial conditions of release pursuant to this subsection, the police officer…”

— Conn. Gen. Stat. § 46b-38a(3) — 1 case

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