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...”
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. “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...
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.”
Jennifer Dulos law would broaden scope of domestic violence in family court cases
