Legislation would broaden scope of domestic violence
NEW CANAAN — A state senator has proposed sweeping legislation that would change the definition of domestic violence for family court cases like the divorce involving Jennifer Dulos, who disappeared and is presumed dead after a contentious custody battle with her estranged husband.
“Jennifer’s Law” would add new behaviors to the existing family court law, which defines domestic violence as physical abuse, the threat of physical abuse or stalking, said state Sen. Alex Kasser, D-Greenwich.
“This is groundbreaking,” said Kasser, who changed her name Thursday from Bergstein following her divorce. “It prioritizes the safety of the children in custody hearings and expands the
definition of domestic violence beyond physical violence and stalking to include all the other behaviors, including psychological abuse, isolation, threats to take the children away, intimidation and financial abuse.”
The bill, which is expected to soon be submitted to the Judiciary Committee, would require judges to consider allegations of domestic violence in ruling on custody issues and restraining orders above considerations of what is “in the best interests of the child.”
“The Jennifer Dulos case, while very high profile, is not unique,” Kasser said. “It’s fairly representative of hundreds of cases in our state.”
Jennifer Dulos is presumed dead after she disappeared on May 24 during a nearly two-year acrimonious divorce and custody battle with her estranged husband, Fotis Dulos.
Fotis Dulos died Jan. 30 from an apparent suicide as he faced murder and other charges in connection with his wife’s death and disappearance.
Court transcripts indicate that Jennifer Dulos repeatedly told a Stamford family court judge in June 2017 when she fled with their five children to
a rented home in New Canaan that she was afraid of her husband and that he had threatened to “disappear” with the kids, then ages 6 to 11.
Jennifer Dulos testified that her husband chased her out of their Farmington home after yelling in her face when she refused to sign a custody agreement giving him the children most of the summer. The 50-year-old mother also explained other incidents when she claimed her husband exhibited threatening behavior.
The judge denied Jennifer Dulos’ request for emergency custody and relief from abuse applications after reviewing applicable law and determining that she had “not established by preponderance of the evidence that there is an immediate and present risk of physical danger or psychological harm” to their children.
The judge encouraged the couple to work out their differences and reach a joint custody agreement. More than 400 court filings in the divorce later, including rulings by a different judge that Fotis Dulos was only allowed to see his children during court-supervised visits due to his behavior, Jennifer Dulos disappeared nine months ago. Her body has not been found.
“The judge was acting within the scope of the existing law,” Kasser said.
“If someone puts a gun to your head, that’s clearly a threat. But I would submit that if someone says, ‘If you leave me, I’ll take the kids,’ that’s an even greater threat to a mother.”
State Sen. Alex Kasser, D-Greenwich
“This bill is expanding the definition so that other forms of domestic violence will be recognized.”
After the disappearance, Kasser spent months talking to victims, advocates and legal experts to understand what changes were needed to better protect domestic violence victims in family court proceedings.
The broadened definition would apply to custody proceedings and applications for restraining orders and would include controlling behaviors and threats of denying access to the victim’s children, she said.
“If someone puts a gun to your head, that’s clearly a threat,” Kasser said. “But I would submit that if someone says, ‘If you leave me, I’ll take the kids,’ that’s an even greater threat to a mother.”
Other portions of the bill would require that judges only consider the “expert” testimony of those who are qualified working with victims of domestic violence. The bill would also require judges to be trained by those with a history of working with domestic violence victims.
The law also calls for divorce cases with 100 or more filings to have any further motions examined and approved before being submitted. Under the bill, those cases would be transferred to a special court that recognizes litigation abuse and obstruction that would hold parties in contempt if they withhold financial information or violate court orders.
Judicial Branch officials are in the process of revamping some of the practices in family court, including placing “high conflict” cases with one judge who would limit further motions.
But Kasser said her bill seeks to reform the state’s family court process.
“Right now, the definition of domestic violence is too narrow,” she said. “This says it’s no longer acceptable to throw up our hands and do nothing. This would impact every victim of abuse, in every color, in every community in the state.”