
April 16, 2002 |
2002-R-0446 (Revised) | |
HARASSMENT BY EX-HUSBAND | ||
By: Christopher Reinhart, Associate Attorney | ||
You asked about options available to a constituent who is being harassed by an ex-husband, has brought criminal complaints against him, and is faced with civil lawsuits brought by the ex-husband.
There are a number of places where your constituent can seek help. If the ex-husband's conduct is threatening, the constituent could bring this to the attention of the local police and also the state's attorney. His conduct could be a crime. The constituent could also pursue a civil restraining order or criminal protective order, depending on the circumstances.
Your constituent could also discuss her problems with the Judicial Branch's Office of Victim Services. Victim advocates are available in many courthouses. For the Tolland Judicial District, the victim advocate can be reached at (860) 870-3239. In addition, their central office can be reached at:
Office of Victim Services
31 Cooke Street
Plainville, CT 06062
(860) 747-6070
(800) 822-8428
http: //www. jud. state. ct. us/faq/crime. html
Further information and assistance can be obtained from the Office of Victim Advocate. The address is:
Office of Victim Advocate
505 Hudson Street, 5th Floor
Hartford, CT 06106
(860) 550-6632
Toll free 1-888-771-3126
Depending on the type of harassment involved, other organizations may provide assistance, such as the Network Against Domestic Abuse. This organization can be reached at:
Network Against Domestic Abuse
139 Hazard Avenue
Enfield, CT 06082
(860) 763-7430
Hotline (860) 763-4542
Other similar organizations exist around the state.
A person who meets certain income requirements, may qualify for free legal assistance in civil cases through Statewide Legal Services. This office refers cases to four legal services agencies in the state. The office is at (800) 453-3320. The Communities Law Center provides reduced fee legal assistance for certain types of civil cases. This office is at (860) 246-4427. If a person does not qualify for these programs, he can also find a lawyer through a referral service run by a local bar association. For Tolland County, the number is (860) 525-6052.
Additional information on all these organizations is attached.
HARASSING LAWSUITS
If the ex-husband files a lawsuit to harass your constituent, she may be able to ask the court to stay the proceedings. A law passed last year allows a crime victim to ask a court to delay an action brought by a criminal defendant against the crime victim, until after the criminal proceeding is complete. This applies to actions based on the victim's exercise or intended exercise of (1) constitutional rights to freedom of
speech, religion, assembly, or press, or (2) crime victims' state constitutional or statutory rights (PA 01-211, § 15). A crime victim is any individual who suffered direct or threatened physical, emotional, or financial harm as a result of a crime, including the immediate family members of a minor, incompetent person, or homicide victim (CGS § 1-1k).
Connecticut also has a statute on vexatious law suits that may apply to cases where suits are filed to harass someone. Under this statute, someone who commences and prosecutes a civil action or asserts a defense against another person without probable cause must pay double damages. If the action is also brought with malicious intent to unjustly vex and trouble, the person must pay triple damages (CGS § 52-568).
A person lacks probable cause if he lacks a reasonable, good faith belief in the facts alleged and the validity of the claim asserted. Malice is acting with an improper purpose, which is a purpose other than to secure the proper adjudication of the claim (DeLaurentis v. City of New Haven, 220 Conn. 225 (1991)).
CR: eh