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37 Quinnipiac L. Rev. 343 (2018-2019)
Criminal Protective Orders in Connecticut: The Problem of a Hidden Right

handle is hein.journals/qlr37 and id is 361 raw text is: 









                            Note




  CRIMINAL PROTECTIVE ORDERS IN CONNECTICUT: THE
                PROBLEM OF A HIDDEN RIGHT

                          Frank DeVito

I.  INTRODUCTION        .................................... ....... 343
II. LEGAL  ANALYSIS          .............................................. 349
III. PROBLEMS       ................................... .. .......... 351
    A.    Emotional Needs of Couples and Families ......  ..... 351
    B.    Economic Issues      ......................... ..... 353
    C.    Mutual Disobedience of the Order....................... 354
    D.    Involvement of Victims in Criminal Cases ...... ...... 356
IV. POTENTIAL  COUNTER-ANALYSIS               ................. ........... 356
V.  POTENTIAL  SOLUTIONS      ............................. ....... 361
    A.    Allow Defendants to Request a Fernando Hearing at
          Any Time, Not Only at Arraignment.....         .................. 365
    B.    Procedural Due Process    ..................    ...... 365
    C.    Miranda v. Arizona Reasoning Applied to Fernando
          Hearings      ........................................ 367
VI. CONCLUSION                      ............................................. 371


                       I.   INTRODUCTION

    In its most common use, the term domestic violence can be defined
as

    violence within an intimate relationship in which one partner uses a pattern of
    assault and intimidating acts to assert power and control over the other partner.
    Although domestic violence usually includes violent, physical attacks, it may
    also include psychological, economic, and sexual abuse, as well as attempts to


343

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