What Happens When Children Witness Domestic Violence in Connecticut

For many parents, the scariest part of a domestic violence arrest is not only the charge itself but the effect it has when children are present. In Connecticut, if kids are in the home or even nearby when an argument escalates, the case becomes far more serious. The law treats the exposure of children to domestic violence as an aggravating factor that demands swift and harsh action. Even when no one is physically harmed, parents can suddenly find themselves facing additional felony charges, mandatory Department of Children and Families (DCF) involvement, and strict protective orders that limit contact with their own kids.

I see this scenario all the time. A heated verbal argument that might otherwise have resulted in a misdemeanor disorderly conduct charge can quickly transform into a major case with life-altering consequences simply because children were present. Understanding how Connecticut law handles these cases is the first step toward protecting both your future and your family.

When children are in the picture, Connecticut law requires police to respond differently than they would in an ordinary domestic dispute. Connecticut has a mandatory arrest policy for domestic violence incidents, meaning that if officers find probable cause that a crime occurred, someone must be arrested. When kids are present, officers are under strong pressure to err on the side of caution, often adding more serious charges to ensure that minors are protected.

Here’s what typically happens:

• Mandatory Arrest: Police are required to arrest if they believe a crime occurred and children were present.
• Felony Overlay: Parents are often charged with Risk of Injury to a Minor on top of the domestic allegation.
• Automatic DCF Referral: Police must notify DCF whenever kids are exposed to violence in the home.
• Harsher Court Scrutiny: Judges and prosecutors treat these cases more seriously, leading to stricter protective orders and tougher bail arguments.

The charge of Risk of Injury to a Minor CGS 53-21 under Connecticut law is broad and powerful. While the statute covers obvious conduct such as physical abuse, it also criminalizes exposing a child to an environment that could be harmful to their health or morals. Because the definition is so wide, parents can be charged even when no direct harm occurred.

This single charge can transform a case. What might have started as a misdemeanor domestic dispute suddenly becomes a felony case with life-changing consequences.

Key facts about Risk of Injury:

• Class C felony punishable by up to 10 years in prison and $10,000 in fines.
• Treated as a crime against children, not under the “family violence” statutes.
• Not eligible for the Family Violence Education Program (FVEP).

Although Risk of Injury is not FVEP-eligible, that does not mean parents charged under the statute are without hope. For first-time offenders, an experienced defense lawyer can often persuade prosecutors to reduce or dismiss the felony count when the actual exposure was minimal, and no harm occurred. Once the felony is removed, the parent may then be able to apply for FVEP on the underlying domestic violence charge.

This usually requires a carefully prepared mitigation package that shows the parent is taking the case seriously. Strong mitigation can include:

• Early enrollment in counseling or anger management.
• Evidence of a clean criminal record.
• Character letters from employers, clergy, or community members.
• Proof of responsible parenting and community ties.

With the right advocacy, many first-time defendants can avoid a felony conviction, protect their parental rights, and preserve their record.

Whenever children are exposed to domestic violence, the police must report it to DCF. This means that, in addition to the criminal case, families also face the stress of a DCF investigation.

DCF may conduct:

• A phone screening,
• A home visit with interviews, and sometimes
• Ongoing monitoring for weeks or months.

Caseworkers often speak to children, parents, and even teachers or doctors to evaluate the child’s safety. While their mission is child protection, these investigations can feel invasive and intimidating. Innocent remarks can be misinterpreted and used against you later. For that reason, it’s critical to have a lawyer guide your interactions with DCF to protect both your rights and your relationship with your children.

Protective orders are another layer of complication in cases involving children. Judges are far more likely to impose strict orders when minors are involved, often separating parents from their kids until the case progresses.

Typical restrictions include:

• Full no-contact orders that bar all communication and block parents from seeing their children.
• Residential stay-away orders that allow communication but prevent living at the same address.
• Partial orders that permit contact but ban harassment, threats, or intimidation.

Even a partial order can be disruptive when family tensions are high, because any argument that escalates may be treated as a felony violation. This is why swift legal action to modify orders and restore parenting access is so important.

Living under the cloud of a domestic violence case with children involved is overwhelming, but there are ways to improve your position. Enrolling in parenting or anger management programs early demonstrates responsibility. Keeping interactions calm and respectful, avoiding discussions about the case with children, and complying strictly with protective orders all show the court that you are taking the process seriously. Judges and prosecutors notice when parents take proactive steps, and it can make the difference between a felony record and a second chance.

Not automatically. Most cases involve monitoring or a short investigation, not removal. Children are only taken if DCF believes there is an immediate and serious risk.

Not unless the order specifically permits it. Your lawyer can file a motion to modify the order to restore parenting time.

Almost never. Prosecutors usually rely on reports instead of calling children to testify.

It varies. Some cases close quickly after a screening, while others may stay open for months.

Yes. For first-time offenders, prosecutors may agree to reduce or dismiss it if strong mitigation is presented.

No. It is classified as a crime against children, which makes it even more serious.

Not directly. But if prosecutors drop that charge, you may be eligible for FVEP on the underlying domestic charge.

Stay polite and cooperative, but do not give detailed statements without first speaking to your lawyer.

Police may still bring the charge if children were in the home. A strong defense can argue they were not truly exposed.

Yes. Domestic violence cases with children involved often surface in family court and can impact custody and visitation.

Being arrested when your children are present can feel overwhelming, but it does not have to define your future. With the right defense strategy, many first-time offenders can avoid a felony conviction, protect their parental rights, and move forward.

📞 Call Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 today. I have been defending parents in Connecticut for over 30 years, and I know how to fight Risk of Injury charges and domestic violence allegations.

👉 Don’t wait — contact me now for a free and confidential consultation.