NCJ Number
232219
Date Published
November 2009
Length
17 pages
Annotation
This report presents a summary of State laws surrounding child witnesses to domestic violence.
Abstract
A child is a witness to domestic violence when an act that is defined as domestic violence is committed in the presence of or perceived by the child. Children who witness domestic violence can suffer severe emotional and developmental difficulties that are similar to those of children who are direct victims of abuse. The legal system is beginning to recognize the need to protect and care for these children. Approximately 22 States and Puerto Rico currently address in statute the issue of children who witness domestic violence in their homes. In many States, a conviction for domestic violence that was committed in the presence of a child may result in harsher penalties than a conviction for domestic violence without a child present. Approximately eight States consider an act of domestic violence committed in the presence of a child an "aggravating circumstance" in their sentencing guidelines. This usually results in a longer jail term, an increased fine, or both. An additional five States, while not using the term "aggravating circumstance," require more severe penalties. In five States, committing domestic violence in the presence of a child is a separate crime that may be charged separately or in addition to the act of violence. This report provides a summary of State laws directed at child witnesses to domestic violence. The summary is inclusive of all 50 States, the District of Columbia, Guam, Virgin Islands, and American Samoa providing both circumstances that constitute witnessing and consequences of committing domestic violence in the physical presence of a child.