Challenging a Risk of Injury Arrest in Greenwich
Challenging a risk of injury arrest in Greenwich takes place within the Connecticut Superior Court system. If the arrest occurs in Greenwich, the person will report to the Stamford Superior Court in Connecticut. Anyone facing these charges should contact a compassionate risk of injury attorney before appearing in court. They will work with you to protect your rights and can help you try keeping your family together.
Defining Guardian ad Litem
A Guardian ad Litem is someone who is certified by Connecticut to be a voice for the best interests of the minor children that are involved in risk of injury cases. If the child of an age where they are able to speak convey what they think, the Guardian ad Litem would sit down with the child, explain what is going on, and ask the child for their opinion regarding the case.
If the child is nonverbal, the Guardian ad Litem will take into account everything that is going on, what the allegations are, the family’s history, what the living conditions are, and try to advise the court from the child’s perspective. In any case in which there is suspected child abuse and neglect, upon motion of an experienced Greenwich defense attorney, the court must appoint a Guardian ad Litem.
Benefit of Appointing a Guardian ad Litem
Greenwich attorneys see these charges often related to domestic violence, especially when the couple is going through or is about to initiate a divorce, and oftentimes what happens is the criminal case is used against one party or the other in family court. Appointing a GAL when challenging a risk of injury arrest in Greenwich because it is helpful in getting a neutral opinion about the situation. It helps to prevent one party from using the criminal case as leverage against the other party just to benefit themselves in a divorce or a custody action.
DCF Service Agreements
A DCF service agreement is a contract between a family and DCF. Basically, the agreement asks the family to agree to do or refrain from doing certain things. If there was an arrest between a husband and wife for domestic violence coupled with the risk of injury charges because the child was in the room, the service agreement may be something as simple as not engaging in violence in front of the child.
Challenging a risk of injury arrest in Greenwich may be important if DCF is trying to take one or both parents out of the house or trying to put the children in the custody of someone else for a period of time. For service agreements, it is especially important to have an attorney present, because it is viewed as a binding contract.
One pro is that it shows the party being cooperative. The cons are that DCF can take action against the family if they violate the contract. For example, if the family violates the contract, DCF can take action and potentially try to seek custody of the children. It is always a good idea to have an attorney look over the agreement before any paperwork is signed.
Role of an Attorney
The statute to solve the risk of injury to a minor is quite broad. The first thing the domestic violence lawyer in Greenwich will do is determine whether there really was any risk of actual injury to the minor, either physical or nonphysical. In a lot of cases, the risk of injury charge is added on when it should not be. The attorney will try to see if there is any room to negotiate that with the prosecutor right away if it truly was not a risk of injury situation. An experienced lawyer can help you begin challenging a risk of injury arrest in Greenwich.
Otherwise, the defense lawyer will typically advise the clients regarding how to remedy the situation. They might set the client up with a counselor, either for anger management or parental counseling depending on what the allegations are. They also might set the client up with a licensed alcohol and drug counselor if drugs and alcohol may have been involved, to help show the court that the person is not going to be a threat in the future and is not someone that the court has to worry about.