NCJ Number
211507
Date Published
2005
Length
3 pages
Annotation
This paper examines the rationale for and the content of State laws that take into account the impact of domestic violence on child witnesses of that violence.
Abstract
Research indicates that even when children are not the direct targets of violence in the home, they can be harmed by witnessing such violence. Witnessing can involve hearing, seeing, or inferring violence between adults in the home. Children who witness domestic violence can experience severe emotional and developmental difficulties similar to children who are the direct victims of physical abuse. The legal system is beginning to recognize the need to protect and care for such children. Approximately 20 States and Puerto Rico have enacted legislation that specifically includes children who witness domestic violence as a class of persons in need of legal protection. Definitions of a child's "witnessing" domestic violence vary among States. Some laws do not specifically define the witnessing of domestic violence other than to indicate that the violence is committed in the presence of the child. In many States, a conviction of domestic violence committed in the presence of a child may result in harsher penalties. Illinois and Nevada require offenders to pay for any counseling that a child witness may require. Delaware considers domestic violence in the presence of a child to an act of child endangerment, and Georgia views it as cruelty to children. 9 notes