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STATE 

STATUTES

Current Through 

April 2016

Child Witnesses to Domestic 

Violence

WHAT’S INSIDE

Circumstances that 

constitute witnessing

Legal consequences

Summaries of State laws

To find statute 

information for a 

particular State, 

go to 

https://www.childwelfare.

gov/topics/systemwide/

laws-policies/state/.

In recent years, increased attention has been focused 

on children who may be affected by violence in the 

home, either as victims or as witnesses to domestic 

violence.1

1 The term “domestic violence” includes “intimate partner violence,” “intrafamily violence,” 

and “domestic assault” committed against an individual by someone with whom the victim has 

or had an intimate relationship.

 Research shows that even when children are 

not direct targets of violence in the home, they can be 

harmed by witnessing its occurrence.2

2 For additional information about the impact of domestic violence on children, see Child 

Welfare Information Gateway’s Domestic Violence and the Child Welfare System at https://

www.childwelfare.gov/pubs/factsheets/domestic-violence/.

The witnessing of domestic violence can be auditory, 

visual, or inferred, including cases in which the child 

perceives the aftermath of violence, such as physical 

injuries to family members or damage to property. 

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.3

3 Schecter, S., & Edelson, J. (1999). Effective intervention in domestic violence and child 

maltreatment cases: Guidelines for policy and practice. Reno, NV: National Council of Juvenile 

and Family Court Judges.

 The legal system is beginning to recognize 

the need to protect and care for these children. 

Approximately 24 States and Puerto Rico currently 

address in statute the issue of children who witness 

domestic violence in their homes.4

4 The word “approximately” is used to stress the fact that the States frequently amend their 

laws. This information is current only through April 2016. Alaska, Arizona, Arkansas, California, 

Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Louisiana, Mississippi, 

Montana, Nevada, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, Utah, Vermont, 

and Washington address the issue in their statutes.
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/witnessdv/.

Circumstances That Constitute 

Witnessing

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. In seven States, the definition 

goes no further than that.5

5 Arizona, California, Delaware, Florida, Louisiana, South Carolina, and Vermont.

 In 14 States and Puerto Rico, the 

language used is more specific, stating that witnessing by a 

child occurs when the child is physically present or can see 

or hear the act of violence.6

6 Alaska, Arkansas, Georgia, Hawaii, Idaho, Illinois, Indiana, Mississippi, 

Montana, North Carolina, Oklahoma, Oregon, Utah, and Washington.

 Ohio law states that witnessing 

occurs when the domestic violence is committed “in the 

vicinity of the child,” meaning within 30 feet or within the 

same residential unit occupied by the child, whether or 

not the child is present or can see the commission of the 

offense.

In 10 States, the laws apply to any child who may be present 

or a witness to the act of domestic violence.7

7 Arizona, Georgia, Hawaii, Idaho, Louisiana, Montana, Nevada, Ohio, 

Oklahoma, and Utah.

 In 10 States 

and Puerto Rico, the laws apply specifically to a child who 

is related to or a member of the household of the victim or 

perpetrator of the violence.8

8 Alaska, Arkansas, California, Delaware, Florida, Illinois, Mississippi, North 

Carolina, Oregon, and Washington.

 The law in Indiana applies only 

to the noncustodial child of a noncustodial parent.

Legal Consequences

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 nine 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.9

9 Alaska, Arizona, California, Hawaii, Mississippi, Montana, Ohio, South Carolina, 

and Washington.

 An additional five States, while not 

using the term “aggravating circumstance,” require more 

severe penalties.10

10 Arkansas, Florida, Idaho, Louisiana, and Oregon.

 In five other 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.11

11 Delaware, Georgia, North Carolina, Oklahoma, and Utah.

In addition to any criminal penalties, Connecticut, 

Illinois, Louisiana, and Nevada require perpetrators of 

domestic violence to pay for any counseling that a child 

victim may require. Ohio and Oklahoma require the 

offenders to undergo counseling. Indiana requires that a 

noncustodial parent who has been convicted of domestic 

violence in the presence of his or her noncustodial child 

be supervised during parenting time for at least 1 year 

and not more than 2 years following the act of domestic 

violence. The court also may require the noncustodial 

parent to complete a batterer’s intervention program 

before unsupervised parenting time may be granted.

This publication is a product of the State Statutes 

Series prepared by Child Welfare Information 

Gateway. While every attempt has been made 

to be as complete as possible, additional 

information on these topics may be in other 

sections of a State’s code as well as agency 

regulations, case law, and informal practices and 

procedures.

Suggested Citation: 

Child Welfare Information Gateway. (2016). Child witnesses 

to domestic violence. Washington, DC: U.S. Department 

of Health and Human Services, Children’s Bureau.
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/witnessdv/.

Alabama

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Alaska

Circumstances That Constitute Witnessing 

Alaska Stat. §§ 12.55.155; 47.10.011

In criminal law: A felony offense of domestic violence that was committed in the physical presence or hearing of a child under age 16 

who was, at the time of the offense, living within the residence of the victim, the residence of the perpetrator, or the residence where 

the domestic violence occurred is considered an aggravating factor for sentencing purposes. 

In civil law: The court may find a child to be a child in need of aid if it finds by a preponderance of evidence that the child has been 

subjected to conduct by or conditions created by the parent, guardian, or custodian that have resulted in mental injury to the child, 

or placed the child at substantial risk of mental injury, due to:

• Exposure to conduct by a household member against another household member that is the crime of murder, assault, or 

sexual assault, or the attempt to commit these crimes 

• Repeated exposure to conduct by a household member against another household member that is the crime of reckless 

endangerment or stalking 

Consequences

Alaska Stat. § 12.55.155

Domestic violence committed in the physical presence or hearing of a child under 16 years of age is considered an aggravating 

factor and may allow imposition of a sentence above the presumptive range set out in § 12.55.125. 

American Samoa

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Arizona

Circumstances That Constitute Witnessing 

Rev. Stat. § 13-702(D)(18) 

In criminal law: An act of domestic violence, as defined in § 13-3601(A), that was committed in the presence of a child will be 

considered an aggravating circumstance. 

Consequences

Rev. Stat. § 13-702(D)(18) 

An act of domestic violence committed in the presence of a child is considered an aggravating circumstance when determining a 

sentence and may result in a longer period of incarceration. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/witnessdv/.

Arkansas

Circumstances That Constitute Witnessing 

Ann. Code § 5-4-701 

In criminal law: 'In the presence of a child' means in the physical presence of a child or knowing or having reason to know that a child 

is present and may see or hear an act. 

Consequences

Ann. Code § 5-4-702

Any person who commits a felony offense involving homicide, assault, battery, domestic battering, or assault on a family member or 

household member may be subject to an enhanced sentence of an additional term of imprisonment of not less than 1 year and not 

greater than 10 years if the offense is committed in the presence of a child. The enhanced portion of the sentence is consecutive to 

any other sentence imposed. 

Any person who commits the offense of aggravated cruelty to a dog, cat, or horse may be subject to an enhanced sentence of an 

additional term of imprisonment not to exceed 5 years if the offense is committed in the presence of a child.

Any person convicted under this section is not eligible for early release on parole or community correction transfer for the enhanced 

portion of the sentence. 

California

Circumstances That Constitute Witnessing 

Penal Code § 1170.76

In criminal law: A child is considered a witness of domestic violence when the person who commits or attempts to commit a 

violation of §§ 243.4 [sexual battery], 245 [assault with a deadly weapon], or 273.5 [infliction of injury on a present or former spouse], 

is or has been a member of the household of the child or the victim of the offense, is a marital or blood relative of the child or the 

victim, or the offender or the victim is the natural parent, adoptive parent, stepparent, or foster parent of the child, and the offense 

contemporaneously occurred in the presence of, or was witnessed by, the child. 

Consequences

Penal Code § 1170.76

Such circumstances shall be considered a circumstance in aggravation of the crime in imposing a term under § 1170(b). 

Colorado

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Connecticut

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

Gen. Stat. § 54-216 

The Office of Victim Services or, on review, a victim compensation commissioner may order that services be provided for the 

restitution of any person eligible for such services in accordance with the provisions of §§ 54-201 to 54-233, inclusive. Such services 

may include, but shall not be limited to, medical, psychiatric, psychological, and social services and social rehabilitation services.

The Office of Victim Services or, on review, a victim compensation commissioner may order that such restitution services be provided 

to victims of child abuse and members of their families, victims of sexual assault and members of their families, victims of domestic 

violence and members of their families, members of the family of any victim of homicide, and children who witness domestic 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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violence, including, but not limited to, children who are not related to the victim. For the purposes of this subsection, 'members 

of their families' or 'member of the family' does not include the person responsible for such child abuse, sexual assault, domestic 

violence, or homicide. 

Delaware

Circumstances That Constitute Witnessing 

Ann. Code Tit. 11, § 1102

In criminal law: A person is guilty of endangering the welfare of a child when the person commits any violent felony, second-degree 

reckless endangering, third-degree assault, terroristic threatening, second-degree unlawful imprisonment against a victim, or thirddegree child abuse, knowing that such felony or misdemeanor was witnessed, either by sight or sound, by a child younger than age 

18 who is a member of the person's family or the victim's family. 

Consequences

Ann. Code Tit. 11, § 1102

The crime of endangering the welfare of a child may be classified as follows:

• When the death of a child occurs while the child's welfare was endangered, endangering the welfare of a child is a Class E 

felony.

• When serious physical injury to a child occurs while the child's welfare was endangered, endangering the welfare of a child is a 

Class G felony.

• When a child becomes the victim of a sexual offense, as defined in § 761(d) of this title, while the child's welfare was 

• In all other cases, endangering the welfare of a child is a Class A misdemeanor.

District of Columbia

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Florida

Circumstances That Constitute Witnessing 

Ann. Stat. § 921.0024 

In criminal law: It is considered domestic violence in the presence of a child if an offender is convicted of a primary offense of 

domestic violence, and that offense was committed in the presence of a child under age 16 who is a family or household member 

with the victim or perpetrator. 

Consequences

Ann. Stat. § 921.0024

When domestic violence is committed in the presence of a child, the subtotal sentence points are multiplied by 1.5. 

Georgia

Circumstances That Constitute Witnessing 

Ann. Code § 16-5-70(d) 

In criminal law: Any person commits the offense of cruelty to children in the third degree when:

• Such person, who is the primary aggressor, intentionally allows a child under age 18 to witness the commission of a forcible 

felony, battery, or family violence battery.

• Such person, who is the primary aggressor, having knowledge that a child under age 18 is present and sees or hears the act, 

commits a forcible felony, battery, or family violence battery.
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Consequences

Ann. Code § 16-5-70(e)(3)

A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or 

second conviction.

Upon conviction of a third or subsequent offense of cruelty to children in the third degree, the defendant shall be guilty of a felony 

and shall be sentenced to a fine not less than $1,000 or more than $5,000, imprisonment for not less than 1 year or more than 3 years, 

or both fine and imprisonment. 

Guam

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Hawaii

Circumstances That Constitute Witnessing 

Rev. Stat. § 706-606.4 

In criminal law: The term 'in the presence of a minor' means in the actual physical presence of a child or knowing that a child is 

present and may hear or see the offense. 

Consequences

Rev. Stat. § 706-606.4 

The court shall consider the following aggravating factors in determining the particular sentence to be imposed:

• The defendant has been convicted of committing or attempting to commit an offense involving abuse of a family or 

household member.

• The defendant is or has been a family or household member of either a minor or the victim of the offense.

• The offense contemporaneously occurred in the presence of a minor.

Idaho

Circumstances That Constitute Witnessing 

Idaho Code § 18-918(4) 

In criminal law: The term 'in the presence of a child' means in the physical presence of a child or knowing that a child is present and 

may see or hear an act of domestic assault or battery. For purposes of this section, 'child' means a person under age 16. 

Consequences

Idaho Code § 18-918(4) 

The maximum penalties provided in this section shall be doubled when the act of domestic assault or battery for which the person is 

convicted or pleads guilty took place in the presence of a child. 

Illinois

Circumstances That Constitute Witnessing 

Comp. Stat. Ch. 720, §§ 5/12-0.1; 5/12-3.2 

In criminal law: For purposes of this section: 

• Child' means a person under 18 years of age who is the defendant's or victim's child or stepchild or who is a minor child 

residing within or visiting the household of the defendant or victim. 

• 'In the presence of a child' means in the physical presence of a child or knowing or having reason to know that a child is 

present and may see or hear an act constituting an offense.
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Consequences

Comp. Stat. Ch. 720 § 5/12-3.2 

In addition to any other sentencing alternatives, a defendant who commits, in the presence of a child, a felony domestic battery, 

aggravated domestic battery, aggravated battery, unlawful restraint, or aggravated unlawful restraint against a family or household 

member shall be:

• Required to serve a mandatory minimum imprisonment of 10 days, perform 300 hours of community service, or both

• Liable for the cost of any counseling required for the child at the discretion of the court 

Indiana

Circumstances That Constitute Witnessing 

Ann. Stat. § 31-14-14-5

In civil law: This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family 

violence that was witnessed or heard by the noncustodial parent's child. 

Consequences

Ann. Stat. § 31-14-14-5

When a noncustodial parent has been convicted of domestic violence that was witnessed by the noncustodial parent's child, his or 

her parenting time with the child must be supervised for at least 1 year and no more than 2 years immediately following the crime 

involving domestic or family violence or until the child becomes emancipated, whichever occurs first.

As a condition of granting the noncustodial parent unsupervised parenting time, the court may require the noncustodial parent to 

complete a batterer's intervention program certified by the Indiana Coalition Against Domestic Violence. 

Iowa

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Kansas

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Kentucky

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed.
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/witnessdv/.

Louisiana

Circumstances That Constitute Witnessing 

Rev. Stat. § 14:35.3(I)

In criminal law: When the State proves, in addition to the elements of the crime of domestic abuse battery as set forth in § 14:35.3(A), 

that a minor child age 13 or younger was present at the residence or any other scene at the time of the commission of the offense, 

additional penalties will apply, as described below. 

Consequences

Rev. Stat. § 14:35.3(I); Children's Code Art. 1570.1

In criminal law: When the circumstances described above apply:

• The minimum mandatory sentence for a first or second offense shall not be suspended.

• The minimum mandatory sentence imposed for a third offense shall be 2 years without suspension of sentence.

• The minimum mandatory sentence imposed for a fourth or subsequent offense shall be 4 years without suspension of 

sentence. 

In civil law: All court costs, attorney fees, costs of enforcement and modifications proceedings, costs of appeals, evaluation fees, 

and expert witness fees incurred in maintaining or defending any proceeding concerning domestic abuse assistance in accordance 

with the provisions of this chapter shall be paid by the perpetrator of the domestic violence, including all costs of medical and 

psychological care for the abused adult or for any of the children, necessitated by the domestic violence. 

Maine

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Maryland

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Massachusetts

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Michigan

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/witnessdv/.

Minnesota

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Mississippi

Circumstances That Constitute Witnessing 

Ann. Code § 97-3-7(6)

In criminal law: The crime of domestic violence is committed 'in the physical presence or hearing of a child' when a child who is under 

age 16 was, at the time of the offense, living within the residence of the victim, the residence of the perpetrator, or the residence 

where the offense occurred. 

Consequences

Ann. Code § 97-3-7(6)

In sentencing for the crime of domestic violence, the court shall consider as an aggravating factor whether the crime was committed 

in the physical presence or hearing of a child. 

Missouri

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Montana

Circumstances That Constitute Witnessing 

Ann. Code § 45-5-206(3)(a)(v) 

In criminal law: If the offense [of assault of a partner or family member] was committed within the vision or hearing of a minor, the 

judge shall consider the minor's presence as a factor at the time of sentencing. 

Consequences

Ann. Code § 45-5-206(3)(a)(v) 

If the offense [of assault of a partner or family member] was committed within the vision or hearing of a minor, the judge shall 

consider the minor's presence as a factor at the time of sentencing. 

Nebraska

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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Nevada

Circumstances That Constitute Witnessing 

Rev. Stat. § 200.485(7) 

In criminal law: If it appears from information presented to the court that a child under age 18 may need counseling as a result of the 

commission of a battery that constitutes domestic violence, the court may refer the child to a child welfare services agency. 

Consequences

Rev. Stat. § 200.485(7) 

If the court refers a child to a child welfare services agency, the court shall require the person convicted of domestic violence battery 

to reimburse the agency for the costs of any services provided, to the extent of his or her ability to pay. 

New Hampshire

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

New Jersey

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

New Mexico

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

New York

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

North Carolina

Circumstances That Constitute Witnessing 

Gen. Stat. § 14-33(d)

In criminal law: The term 'in the presence of a minor' means that the minor was in a position to see or hear the assault.

A minor is any person younger than age 18 who is residing with or is under the care and supervision of, and who has a personal 

relationship with, the person assaulted or the person committing the assault. 
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Consequences

Gen. Stat. § 14-33(d)

Any person who, in the course of an assault, assault and battery, or affray, inflicts serious injury upon another person or uses a deadly 

weapon on a person with whom the person has a personal relationship, and does so in the presence of a minor, is guilty of a Class A1 

misdemeanor. Upon conviction, the person shall be:

• Placed on supervised probation in addition to any other punishment imposed by the court 

• Sentenced to an active punishment of no less than 30 days in addition to any other punishment imposed by the court for a 

second or subsequent violation

North Dakota

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Northern Mariana Islands

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Ohio

Circumstances That Constitute Witnessing 

Rev. Code § 2929.01(LL) 

In criminal law: An offense is 'committed in the vicinity of a child' if the offender commits the offense within 30 feet of or within the 

same residential unit as a child who is under age 18, regardless of whether the offender knows the age of the child or that the offense 

is being committed within 30 feet of or within the same residential unit as the child and regardless of whether the child actually views 

the commission of the offense. 

Consequences

Rev. Code §§ 2929.12; 2929.17

If the offense of domestic violence or assault involves a person who was a family or household member at the time of the violation, 

and the offender committed the offense in the vicinity of one or more children who are not victims of the offense, and the offender 

or the victim of the offense is a parent, guardian, custodian, or person in loco parentis of one or more of those children:

• The sentencing court shall consider the offender's conduct to be more serious than conduct normally constituting the offense.

• The offender also shall be required to obtain counseling.

Oklahoma

Circumstances That Constitute Witnessing 

Ann. Stat. Tit. 21, § 644(H) 

In criminal law: 'In the presence of a child' means in the physical presence of a child or having knowledge that a child is present and 

may see or hear an act of domestic violence. For the purposes of this section, a 'child' may be any child whether or not related to the 

victim or the defendant. 
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Consequences

Ann. Stat. Tit. 21, § 644(G)

Any person convicted of domestic abuse that was committed in the presence of a child shall be punished by:

• Imprisonment in the county jail for no less than 6 months or more than 1 year, a fine not exceeding $5,000, or by both 

• For second or subsequent convictions, imprisonment in the custody of the Department of Corrections for no less than 1 year 

or more than 5 years, a fine not exceeding $7,000, or by both

For every conviction of domestic abuse, the court shall specifically order as a condition of a suspended sentence or probation that 

a defendant participate in counseling or undergo treatment by an individual licensed practitioner or a domestic abuse treatment 

program certified by the attorney general to bring about the cessation of domestic abuse.

If the defendant is ordered to participate in a domestic abuse counseling or treatment program, the order shall require the 

defendant to attend the program for a minimum of 52 weeks, complete the program, and be evaluated before and after attendance 

of the program by a program counselor or a private counselor.

The defendant may be required to pay all or part of the cost of the counseling or treatment, at the discretion of the court. 

Oregon

Circumstances That Constitute Witnessing 

Rev. Stat. § 163.160 

In criminal law: An assault is witnessed by a child:

• When it is committed in the immediate presence of, or is witnessed by, the person's or the victim's minor child or stepchild or 

a minor child residing within the household of the person or victim

• If it is seen or directly perceived in any other manner by the child

Consequences

Rev. Stat. § 163.160(3)(c)

Assault in the fourth degree is a Class A misdemeanor, except when it is witnessed by the person's or the victim's minor child, when it 

is a Class C felony. 

Pennsylvania

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Puerto Rico

Circumstances That Constitute Witnessing 

Ann. Laws Tit. 8, §§ 444; 632 

In civil law: Minors will be considered to be victims of abuse if the father, mother, or person responsible for the minor has engaged in 

acts that constitute domestic violence in the presence of minors, as defined in Title 8, § 601, et seq.

Domestic abuse is considered 'aggravated' when:

• It is committed in the presence of minors.

• Child abuse is committed and simultaneously incurred.

Consequences

Ann. Laws Tit. 8, § 632

The penalty for aggravated abuse is imprisonment for a fixed term of 3 years. If there were aggravating circumstances, the fixed 

penalty may be increased to a maximum of 5 years; if there were extenuating circumstances, it may be reduced to a minimum of 2 

years. In addition, the court may impose the penalty of restitution. 
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Rhode Island

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

South Carolina

Circumstances That Constitute Witnessing 

Ann. Code §§ 16-25-20; 16-25-65

In criminal law: It is unlawful to:

• Cause physical harm or injury to a person's own household member

• Offer or attempt to cause physical harm or injury to a person's own household member with the apparent present ability 

under the circumstances that reasonably creates the fear of imminent peril

A person commits the offense of domestic violence in the first degree if:

• The person causes great bodily injury to the person's own household member.

• In the process of committing domestic violence in the second degree, the offense is committed in the presence of or while 

being perceived by a minor.

A person commits the offense of domestic violence in the second degree if:

• The person causes moderate bodily injury to the person's own household member.

• In the process of committing domestic violence in the third degree, the offense is committed in the presence of or while being 

perceived by a minor.

A person is guilty of the offense of domestic violence of a high and aggravated nature when the person commits the offense 

under circumstances manifesting extreme indifference to the value of human life and results in great bodily injury to the victim. 

Circumstances manifesting extreme indifference to the value of human life include committing the offense in the presence of a 

minor. 

Consequences

Ann. Code §§ 16-25-20; 16-25-65

A person who commits domestic violence in the first degree is guilty of a felony and, upon conviction, must be imprisoned for no 

more than 10 years.

A person who commits the offense of domestic violence in the second degree is guilty of a misdemeanor and, upon conviction, must 

be fined no less than $2,500 nor more than $5,000 or imprisoned for no more than 3 years, or both.

A person who commits the offense of domestic violence of a high and aggravated nature is guilty of a felony and, upon conviction, 

must be imprisoned for no more than 20 years. 

South Dakota

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Tennessee

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

14

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/witnessdv/.

Texas

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Utah

Circumstances That Constitute Witnessing 

Ann. Code § 76-5-109.1 

In criminal law: The term 'in the presence of a child' means:

• In the physical presence of a child

• Having knowledge that a child is present and may see or hear an act of domestic violence

Consequences

Ann. Code § 76-5-109.1 

A person commits domestic violence in the presence of a child if the person:

• Commits or attempts to commit criminal homicide against a cohabitant in the presence of a child 

• Intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon or other means or force likely to produce 

death or serious bodily injury against a cohabitant in the presence of a child

• Under circumstances not amounting to criminal homicide or serious bodily injury as described above, commits an act of 

domestic violence in the presence of a child

A person who violates either of the first two subsections is guilty of a third-degree felony. A person who commits domestic violence 

in the presence of a child is guilty of a Class B misdemeanor.

A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence where the victim is the 

cohabitant. Either or both charges may be filed by the prosecutor.

A person who commits a violation of this section when more than one child is present is guilty of one offense of domestic violence in 

the presence of a child regarding each child present when the violation occurred. 

Vermont

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

Ann. Stat. Tit. 13, § 1047

In criminal law: When imposing sentence for an offense [of domestic assault] listed in this subchapter, the court may consider whether 

the offense was committed within the presence of a child. 

Virgin Islands

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

Virginia

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Washington

Circumstances That Constitute Witnessing 

Rev. Code § 9.94A.535 

In criminal law: A child is a witness to an act of domestic violence if the offense occurred within sight or sound of the victim's or the 

offender's minor child under age 18. 

Consequences

Rev. Code §§ 9.94A.535; 9.94A.537 

It can be considered an aggravating circumstance that supports a sentence above the standard range when the current offense 

involved domestic violence, as defined in § 10.99.020, and the offense occurred within sight or sound of the victim's or the offender's 

minor children under age 18. 

Under such circumstance, the court may impose an aggravated sentence that may consist of the maximum allowed under 

§ 9A.20.021 for the underlying conviction. 

West Virginia

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Wisconsin

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

Wyoming

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

U.S. Department of Health and Human Services 

Administration for Children and Families 

Administration on Children, Youth and Families 

Children’s Bureau