But when police believe a child was present, nearby, or exposed to the incident in any way, they sometimes add a second charge that changes the entire posture of the case:
Risk of Injury to a Minor (C.G.S. § 53-21).
I tell clients this all the time: this add-on charge can be more damaging than the underlying domestic allegation, because it turns the case into a child-safety case, and it can eliminate the “clean program resolution” that many family violence cases rely on.
Below is why it’s such a big problem — and what you should do about it.
Why This Charge Is Such a Big Deal
1) It’s commonly charged as a felony with serious prison exposure
Risk of Injury is often charged as a Class C felony, punishable by up to 10 years in prison. That one fact instantly changes the leverage in the case and how everyone treats it — prosecutors, judges, Family Services, and sometimes DCF.
2) It can knock out the Family Violence Education Program (FVEP)
Many family violence cases can potentially be resolved through the Family Violence Education Program (FVEP) — often the cleanest off-ramp in a first-time, lower-level domestic file.
But FVEP does not cover every case. When Risk of Injury is added, and the case is charged at a level that makes the defendant ineligible, FVEP can be off the table. That’s one reason this charge is such a “case escalator.”
3) It often blocks Accelerated Rehabilitation (AR) in family violence cases
A lot of people assume AR is an available alternative if FVEP isn’t happening. In Connecticut, it usually isn’t that simple.
AR is usually off the table in family violence cases because C.G.S. § 54-56e(c)(3) bars Accelerated Rehabilitation for any “family violence crime” when the defendant is eligible for FVEP (or has previously used FVEP).
In other words, once the case is treated as a family violence crime, AR often isn’t the backup plan people hope it will be — which is why an added charge like Risk of Injury can dramatically narrow your resolution options.
A Practical Path Forward That Sometimes Works
I’m direct with clients: you don’t win these cases by hoping the prosecutor “calms down.” In the proper case, we build leverage. That can mean getting the client into the appropriate treatment or classes early — anger management, counseling, parenting-focused programs, or substance abuse evaluation/treatment when alcohol or drugs are part of the allegation — and presenting it the right way. Sometimes that work is what opens the door to dropping the Risk of Injury charge and moving the case into the FVEP lane. It doesn’t happen automatically, and it isn’t appropriate for every case. Still, it’s a real pathway that often requires a little upfront work to position the case for a better resolution.
4) The “child-related” label changes how judges and prosecutors view the case
Even when a child wasn’t touched and wasn’t physically harmed, the charge re-frames the case as child endangerment. That tends to lead to:
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a more rigid prosecutorial posture,
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stricter protective order terms,
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tighter release conditions,
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and less willingness to treat it like a routine domestic dispute.
5) You should assume DCF will be involved in some way
In practice, when Risk of Injury is charged in a domestic violence case, you should assume DCF will be involved in some way — and you need a plan for that from day one.
6) It can create immediate collateral damage to parenting and family life
Once “risk of injury” is on the docket, it can spill into real life fast:
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parenting time disruptions,
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child-exchange complications,
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restrictions around the home,
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and sometimes outside involvement that makes everything harder.
Even if your long-term outcome is good, the short-term fallout can be severe if you don’t handle the case carefully.
4 Examples
Example 1: Argument in the home with a child present
Police respond to an argument in a residence. A child is in the home and hears or witnesses the conflict. Even without injury to the child, police may claim the child was exposed to dangerous conduct and add Risk of Injury.
Example 2: A physical incident occurs while a child is nearby
A shove, grabbing an arm, blocking a doorway, or throwing a phone — if a child is close enough to witness it, the state may frame it as placing the child at risk.
Example 3: Breaking property or throwing objects during a dispute
Even if nothing hits the child, prosecutors may argue the conduct created an unsafe environment (broken glass, flying objects, escalation).
Example 4: The lawful boundary example
A verbal argument occurs, but there are no threats, no violence, and no dangerous conduct that reasonably puts a child at risk. A child simply being part of the household does not automatically mean “risk of injury.” Facts matter — and defense strategy issues immediately.
What You Should Do If “Risk of Injury” Was Added to Your Domestic Case
If Risk of Injury to a Minor was added to your Connecticut domestic violence case, your priorities should be:
- Lock down protective order compliance immediately. Don’t guess. Don’t rely on informal agreements.
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Preserve evidence early. Texts, call logs, photos, witness names, timelines, video — the early facts often control the outcome.
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Don’t try to “explain it away” on your own. People talk themselves into bigger problems. You want a plan, not improvisation.
Talk to a Connecticut Domestic Violence Lawyer
If you’re facing a domestic violence charge anywhere statewide in Connecticut and the police added Risk of Injury to a Minor (C.G.S. § 53-21), don’t assume it’s “just an add-on.” It often becomes the main event—and can shut down program-based resolutions that would otherwise be on the table.
Call Allan F. Friedman, Criminal Lawyer at (203) 357-5555 or use our convenient online contact form.
FAQs (10)
1) Is Risk of Injury automatically charged when a child is present?
No. But it is frequently added when police believe a child was exposed to danger, volatility, or escalation — even without physical injury to the child.
2) What if the child wasn’t physically hurt?
Physical injury is not required for many risk-of-injury theories. That’s why careful early defense work is critical.
3) Why is this charge so much more serious than a “typical” domestic case?
Because it can be treated as a felony, it changes how prosecutors evaluate “risk,” and it can narrow or eliminate diversion options that sometimes resolve lower-level family violence files.
4) Does this affect whether FVEP is available?
It can. If the charge posture makes you ineligible for FVEP, the “program resolution” that might have been possible in a different domestic case may no longer be available.
5) Can I use Accelerated Rehabilitation (AR) instead of FVEP?
Usually not in family violence cases. AR is commonly barred in family violence matters when the defendant is eligible for FVEP (or previously used FVEP), which is why AR often isn’t the backup plan people assume it is.
6) Does DCF get involved if Risk of Injury is charged?
In practice, you should assume DCF will be involved in some way once Risk of Injury is charged — and you should plan for that immediately.
7) What if the other person “doesn’t want to press charges”?
That doesn’t necessarily end the case. The state prosecutes these matters, and they often proceed regardless of the complaining witness’s wishes.
8) Should I contact the complainant to “work it out”?
No. If there is any protective order or no-contact condition, reaching out can create new problems fast. Handle communication issues through counsel and through court-approved channels.
9) Can proactive counseling or treatment actually help the outcome?
Sometimes, yes. In the right case, starting anger management, counseling, parenting-focused programs, or substance-related evaluation/treatment early can help shift the prosecutor’s risk assessment and improve negotiating leverage.
10) What should I do in the first 48 hours after the arrest?
Get a copy of your bond/protective order conditions, comply strictly, preserve evidence (texts, call logs, photos, video), and speak to a lawyer before trying to explain anything on your own.