State v. Fernando A.

981 A.2d 427 (2009)

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State v. Fernando A.

Connecticut Supreme Court
981 A.2d 427 (2009)

Facts

In family-violence matters, a Connecticut statute (the statute) authorized police to release a defendant pending nonfinancial conditions set by police, including, for example, prohibiting the defendant from contacting the alleged victim or returning to the family home. Fernando A. (defendant) was arrested for family-violence charges on October 14, 2007. The police released Fernando on the condition that he could not return to his family’s home or contact his wife, the alleged victim, before his first court appearance, which was the next day. On that date, the trial court issued a criminal protective order (CPO) as a condition of Fernando’s pretrial release. Fernando moved for an evidentiary hearing on the necessity of the CPO, and the court denied the motion. A few days later, at Fernando’s next court appearance, Fernando again moved for an evidentiary hearing and contested the continuation of the CPO. The trial court denied Fernando’s motion, explaining that a defendant was not entitled to a full evidentiary hearing before a CPO was extended. Fernando appealed, arguing that the trial court should have held an evidentiary hearing before issuing the CPO.

Rule of Law

Issue

Holding and Reasoning (Norcott, J.)

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