Dog bites in Connecticut happen far too often. Fortunately, Connecticut has a statute, which imposes strict liability on owners and keepers of dogs if the dog injures another person.
Here is the “dog bite statute” – Connecticut General Statutes Sec. 22-257:
“If any dog does any damage to either the body or property of any person, the owner or keeper, or, if the owner or keeper is a minor, the parent or guardian of such minor, shall be liable for such damage, except when such damage has been occasioned to the body or property of a person who, at that the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, was under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof shall be upon the defendant in such action.”
So what does strict liability really mean?
If the injured party was not trespassing, not committing a wrongful act and not provoking, teasing or tormenting the dog the owner (or keeper) is on the hook for injuries and property damage. The owner or keeper has no defense.
For a victim under age 7, it is even easier to bring a claim since it is assumed that the child was not acting inappropriately.
A dog bite victim may be compensated for all losses associated with the attack including medical bills, lost wages, scarring and plastic surgery.
In most cases, damages are paid by homeowner’s insurance company not by the owner of the dog. However, if there is insufficient insurance coverage a monetary judgment can be secured against the dog owner.
I represent clients throughout Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 to schedule a consultation.
Connecticut non adversarial divorce is here.
Two new divorce laws went into effect on October 1, 2015 which limit the amount of time a couple has to wait to get a divorce.
A divorce may be granted in 35 days rather than waiting the usual 90 days if:
- The marriage is less than 8 years
- There are no children
- There is no real estate
- The total value of all property is less than $35,000
- Neither spouse has a pension
- There is no bankruptcy petition pending
- Neither spouse is receiving Medicaid
If the above criteria are met, the parties do not even appear in Court – the judge simply approves the terms of the divorce based on the paperwork submitted.
There is a second option for those cases that do not meet the above criteria. If there is an agreement on all issues, the spouses may ask a judge to waive the 90 day waiting period and appear in court sooner to get their divorce approved. So where there is a limited need to conduct financial discovery and when parenting plans (custody and visitation) are not contested this allows for an expedited divorce. It is likely that cases using this track involve couples that have either planned their divorce well in advance or participated in good faith negotiations from the initiation of the divorce.
Having a divorce attorney review the agreement is a good idea when using these new laws. Once the divorce is approved, it is difficult to reopen the case and have a judge reconsider the terms.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about a Connecticut non adversarial divorce.
Motions for Contempt in Connecticut are the primary enforcement tool to get someone to do what they are supposed to do. They are easily one of the most common filings in a divorce or custody/visitation case.
Frequent contempt issues include:
- Not paying child support or alimony
- Lack of compliance with the parenting plan concerning custody or visitation
- Failing to cooperate with the distribution of property
- Neglecting the payment of court ordered debts
- Violating the Automatic Orders
These are just a few examples. There are many others.
A judge must find the following by clear and convincing evidence:
- Whether a clear order exists;
- Whether that order was violated by the party accused of doing so; and
- If the order was violated, whether the violation was willful
If a party is found in contempt, the judge can order the payment of legal fees, fines and make other orders to fix the issue and prevent it from happening again. In an extreme case, the judge can also incarcerate the offending party.
Contempt motions involve testimony and other evidence. This means you must get organized. Be prepared to show proof of violations through documents, emails, text messages etc. You should also be able to testify and possibly have other witnesses available.
If you are the party accused of contempt, you may have defenses or excuses that show that your conduct was not willful. This is most often the best strategy.
Some contempt hearings are straightforward while others can be complex.
I represent clients in divorce and Family Court related matters through out Fairfield and New Haven Counties including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding Motions for Contempt in Connecticut.
How long to get a Connecticut divorce? In Connecticut, there is a 90-day waiting period to obtain a divorce.
There are two primary reasons for the waiting period:
1. Public policy. From a public policy standpoint, the state does not want to make it too easy to get a divorce. At least, not without enough time to reflect on things to make sure you really want a divorce. This is why the waiting period is sometimes called the “cooling off” period. Running to the courthouse on Monday to obtain a “quickie” divorce because you had a weekend tiff is not possible. And yes, spouses do reconcile during the waiting period.
2. Organization. The waiting period allows for the gathering of all the important documents (i.e. bank statements, tax returns, appraisals) so that a case can be properly assessed from a financial and support perspective. If children are involved, it also gives the parents time to explore housing, schools and to work out a custody and visitation arrangement (Parenting Plan). Divorce is a difficult experience – especially for kids. The 90 days should be used to plan for a thoughtful transition from one home to two homes.
If negotiations were successful during the waiting period then an uncontested divorce can be granted shortly thereafter. Otherwise, the case heads down the path to trial. In Bridgeport Court, trials are scheduled about 9 months to a year from the Return Date. In Stamford, it may be longer.
Although a divorce cannot be granted until 90 days after the Return Date, the court has the authority to issue temporary orders (pendente lite) while the case is pending. The most common examples are motions for custody, visitation, child support, alimony and for exclusive possession of the marital residence.
There are new laws which took effect October 1, 2015 which can reduce the waiting period for a divorce in Connecticut.
Please contact me if you wish to discuss a Connecticut divorce.
Connecticut DCF Neglect Investigations usually start with a call to DCF from a mandated reporter such as a doctor, counselor or school personnel. The most common allegation is Physical Neglect.
Physical Neglect is broadly defined as the failure to provide and maintain adequate food. clothing, supervision and safety for a child.
Here are some examples of Physical Neglect:
- Abandonment
- Failure to provide appropriate supervision by leaving a child alone for an excessive period of time given the child’s age and cognitive abilities
- Erratic behavior
- Substance abuse
- Mental health issues or psychiatric problems
- Exposing the child to domestic violence
- Inability to provide the minimum of child-caring tasks
- Inability to provide or maintain a safe living environment.
At any point during an Investigation, if DCF believes that the child needs immediate protection, they can invoke a 96-hour hold of a child and apply for an Order of Temporary Custody from a Juvenile Court judge. In less serious cases, DCF may file Neglect Petitions in Juvenile Court while they further investigate. Of course, the best case outcome for those parents who have been falsely accused is that DCF realizes that there are no child welfare concerns and closes the case in relatively short order without Juvenile Court involvement or a substantiation finding.
The principle factor in determining if Neglect will be substantiated is whether the alleged Neglect adversely affected the child. Without this specific finding, most Neglect cases should not be substantiated. DCF has 45 calendar days to close their Investigation and make a “substantiation” decision.
If you think DCF made a mistake, there is a right to appeal a DCF substantiation.
Read some of my other blogs to learn more about this process.
I represent families involved with DCF throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 to learn more about Connecticut DCF Neglect Investigations and the Juvenile Court process.
Connecticut cases of parental alienation seem to be increasing. Or at least cases I am familiar with.
There are many reasons why a child might not have a positive relationship with a parent. Many times, it is the parent’s own actions or in actions, which has caused the estrangement. It is too easy (and tempting) to blame the other parent. Unverified and baseless claims of parental alienation find there way into divorce, custody and visitation cases far too often.
But sometimes the other parent actually has engaged in parental alienation.
Here are warning signs of alienating behavior:
- Blaming the other parent for the divorce or breakup
- Denying access to school and medical records
- Refusing to be flexible with parenting time
- Scheduling activities for the child on the other parent’s time
- Putting the child in the middle of any conflict by using them as messenger
- Asking the child to choose one parent over the other
- Encouraging the child dislike or have anger toward the other parent
- Being upset when the child has a good time with the other parent
- Eavesdropping on the conversations with the child and other parent
This list is not intended to be exhaustive – there are countless other examples.
As I have said before, our best interest statute in Connecticut does not specifically mention parental alienation. However, a few factors in the statute sure smell like it. For example:
- The willingness of each parent to facilitate and encourage the relationship with the other parent
- Any manipulative or coercive behavior by the parent to involve the child in the parent’s dispute.
- The mental health of the parents.
There has been an increase in the awareness of parental alienation in Connecticut custody and visitation cases and the courts have shown little tolerance when it is properly identified. Some judges have gone so far as to award the non-offending parent full custody and only allow the offending parent supervised visitation.
Connecticut Parental Alienation Attorney
I represent clients in custody and parental alienation cases though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you wish to discuss Connecticut cases of parental alienation.