State 

StatuteS

Current Through 

November 2012

Child Witnesses to 

Domestic Violence 

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. Research shows that even when children are 

not direct targets of violence in the home, they can 

be harmed by witnessing its occurrence.1

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 

1 For additional information about the impact of domestic violence on 

children, see Child Welfare Information Gateway’s Domestic Violence and the 

Child Welfare System: A Bulletin for Professionals at https://www.childwelfare.

gov/pubs/factsheets/domesticviolence.cfm

To find statute information for a 

particular State, go to 

https://www.childwelfare.gov/

systemwide/laws_policies/state/

Child Welfare Information Gateway

Children’s Bureau/ACYF

1250 Maryland Avenue, SW

Eighth Floor

Washington, DC 20024

800.394.3366

Email: info@childwelfare.gov

https://www.childwelfare.gov
https://www.childwelfare.gov

2

are direct victims of abuse.2 The legal system is beginning 

to recognize the need to protect and care for these children. 

Approximately 23 States and Puerto Rico currently address in 

statute the issue of children who witness domestic violence in 

their homes.3

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 six States, the definition goes no 

further than that.4

 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.5

 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.6

 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.7

 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 eight States consider an act of 

2	 Susan Schecter & Jeffrey Edelson, Effective Intervention in Domestic Violence and Child 

Maltreatment Cases: Guidelines for Policy and Practice (Reno, NV: National Council of Juvenile and

Family Court Judges, 1999), p. 10.

3	 The word approximately is used to stress the fact that the States frequently amend their laws.

This information is current only through November 2012. Alaska, Arizona, Arkansas, California,

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

Montana, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Utah, Vermont, and Washington

address the issue in their statutes.

4	 Arizona, California, Delaware, Florida, Louisiana, and Vermont.

5	 Alaska, Arkansas, Georgia, Hawaii, Idaho, Illinois, Indiana, Mississippi, Montana, North Carolina,

Oklahoma, Oregon, Utah, and Washington.

6	 Arizona, Georgia, Hawaii, Idaho, Louisiana, Montana, Nevada, Ohio, Oklahoma, and Utah.

7	 Alaska, Arkansas, California, Delaware, Florida, Illinois, Mississippi, North Carolina, Oregon,

and Washington.

Child Witnesses to Domestic Violence

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdv.cfm
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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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.8

An additional five States, while not using the term “aggravating 

circumstance,” require more severe penalties.9

 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.10

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.

Suggested Citation:

Child Welfare Information Gateway. (2013). Child witnesses to 

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

Health and Human Services, Children’s Bureau.

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.

8 Alaska, Arizona, California, Hawaii, Mississippi, Montana, Ohio, and Washington.

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

10 Delaware, Georgia, North Carolina, Oklahoma, and Utah.
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdv.cfm

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(C) 

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(C) 

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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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. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdv.cfm

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 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, 

or second-degree reckless endangering, third-degree assault, terroristic threatening, or second-degree unlawful 

imprisonment against a victim, 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 endangered, endangering the welfare of a child is a Class G felony. 

•	 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. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdv.cfm

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.

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. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdv.cfm

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.

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 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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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 his 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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Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdv.cfm

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. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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Michigan

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

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(3), (4)

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(3), (4)

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. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdv.cfm

Nebraska

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

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. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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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 have observed 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. 

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. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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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 shall also 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. 

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 for not less than 6 months or more than 1 year, a fine not exceeding $5,000, or by both 

•	 For second or subsequent convictions, imprisonment for not 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. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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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. 

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. 
Child Witnesses to Domestic Violence https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdv.cfm

South Carolina

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed. 

Consequences

This issue is not addressed in the statutes reviewed. 

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. 

Texas

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

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdv.cfm

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. 

Virginia

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

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