Greenwich Risk of Injury to Minors Lawyer
There actually is child abuse charge in Connecticut. Any kind of alleged child abuse would fall under risk of injury to a minor or, potentially, an assault charge if there is some kind of corporal punishment alleged. Experienced Greenwich defense lawyers often see the charge of risk of injury to a minor, sometimes accompanied by either disorderly conduct or a variation of an assault charge.
There are two ways this might be charged with a Greenwich risk of injury to minors charge. Connecticut actually has a statute specifically for this charge, which is the misdemeanor crime of leaving a child unsupervised in a car. However, a distinguished risk of injury attorneys often see police officers overcharge this conduct instead of arresting parents for felony Risk of Injury to a Minor in Greenwich.
What Are Common Causes of a Child Abuse Arrest?
Most Greenwich risk of injury to minors lawyers can argue that there are multiple scenarios that can lead to such a charge. Some serious examples include assault or sexual assault on a person under the age of 16.
More commonly, a risk of injury charge occurs in a domestic violence situation, when parents are fighting and a child is present in the room or nearby, close enough to the area of danger or close enough to hear a heated verbal argument or profanity. In those instances, Greenwich Police might tag Risk of Injury to a Minor onto the list of domestic violence charges.
Under what circumstances would a person be required to leave their home? If the charge is related to a domestic violence incident, then the person likely would be required to leave their home, at least temporarily. In other cases where there is suspected child abuse or an assault charge toward a child, the court might also require that the person leave their home or have no contact with a child in some cases.
Risk of Injury Arraignment
At the first court date, especially with domestic violence situations, a protective order would be issued. The court may also order conditions of release to the defendant that could include anger management at AIC, which is one of the nonprofits near the court. The court may also have the person undergo a substance abuse evaluation and drug screening if they think that alcohol and/or drugs may have been involved in any incident leading to the arrest.
In almost all situations where there is a parallel DCF investigation coupled with a criminal Court case, the criminal Court will order that the defendant comply with DCF. After that, the person will be assigned a new court date and the attorney will eventually be able to get any of the police reports related to the allegations.
Common Court Orders and Penalties
There are three different levels of protective orders that can be imposed, and will automatically be imposed if there is any allegation of domestic violence.The highest and most burdensome condition is a full no-contact protective order, which means that the defendant cannot have any kind of contact with the protected person or people. They cannot have any contact even by social media, such as Facebook or Instagram, or even through a third party. The condition means no contact whatsoever and cannot be changed unless a judge orders it – even if the protected person reaches out and initiates contact with the Defendant.
What is a Full Residential Stay-Away Protective Order?
The second level is a full residential stay-away protective order, and in that case the defendant is allowed to have contact with the protected person, but they are not allowed to go to or live in the home where the protected person resides. If a parent is arrested related to abuse of the child, even though the parents and child live together they will not be able to go home under that protective order. The least imposing condition is called a partial or limited protective order, which prevents the defendant from abusing, threatening, assaulting or harassing the protected person. In that instance, they would be able to live in the same home.
Hiring a Lawyer
It is important to get in touch with a Greenwich risk of injury to minors lawyer before a person goes to their first court date. You want to have someone experienced at your side before even setting foot in the courthouse. At the first court date, the judge will be issuing both conditions of release and the protective order, and an experienced Greenwich risk of injury to minors lawyer can argue for the least burdensome conditions to be imposed so that everyone can move forward and try to get the case resolved as quickly as possible.