State 

Statutes

U.S. Department of Health and Human Services

Administration for Children and Families

Administration on Children, Youth and Families

Children’s Bureau

Child Welfare Information Gateway

Children’s Bureau/ACYF

1250 Maryland Avenue, SW

Eighth Floor

Washington, DC 20024

800.394.3366

Email: info@childwelfare.gov

www.childwelfare.gov

Current Through 

November 2009

Child Witnesses 

to Domestic 

Violence: Summary 

of State Laws

Electronic copies of this publication 

may be downloaded at

www.childwelfare.gov/systemwide/

laws_policies/statutes/witnessdv.cfm

To find statute information for a 

particular State, go to

www.childwelfare.gov/systemwide/

laws_policies/state/index.cfm

To find information on all the 

States and territories, order a copy 

of the full-length PDF by calling 

800.394.3366, or download it at

www.childwelfare.gov/systemwide/

laws_policies/statutes/witnessdvall.

pdf

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 

1	 For additional information about the impact of domestic violence

on children, see Child Welfare Information Gateway’s Children and 

Domestic Violence: A Bulletin for Professionals at www.childwelfare.gov/

pubs/factsheets/domesticviolence.cfm.
Child Witnesses to Domestic Violence: Summary of State Laws www.childwelfare.gov

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

Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdvall.pdf

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.2

 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.3

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.

Circumstances 

That Constitute 

Witnessing

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 2009. Alaska, Arizona,

Arkansas, California, 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.
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Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdvall.pdf

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 

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, 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 visitation of a noncustodial parent who has been convicted 

of domestic violence in the presence of his or her noncustodial 

child be supervised for at least 1 year and not more than 2 years 

following the act of domestic violence.

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: Summary of State Laws www.childwelfare.gov

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Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdvall.pdf

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: Summary of State Laws www.childwelfare.gov

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Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdvall.pdf

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 of assault; battery; domestic battering; aggravated cruelty to a 

dog, cat, or horse; or assault on a family member or household member.

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

This issue is not addressed in the statutes reviewed. 
Child Witnesses to Domestic Violence: Summary of State Laws www.childwelfare.gov

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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. 

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.
Child Witnesses to Domestic Violence: Summary of State Laws www.childwelfare.gov

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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. 
Child Witnesses to Domestic Violence: Summary of State Laws www.childwelfare.gov

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Illinois

Circumstances That Constitute Witnessing

Comp. Stat. Ch. 720 § 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 one of the offenses listed in the section below.

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 his parenting time with the child must be supervised:

• For at least 1 year and not more than 2 years immediately following the crime involving domestic or family 

violence

• Until the child becomes emancipated, whichever occurs first

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. 
Child Witnesses to Domestic Violence: Summary of State Laws www.childwelfare.gov

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Kentucky

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed. 

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 in the section 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. 
Child Witnesses to Domestic Violence: Summary of State Laws www.childwelfare.gov

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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. 

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(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. 
Child Witnesses to Domestic Violence: Summary of State Laws www.childwelfare.gov

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Consequences

Ann. Code § 45-5-206(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. 

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: Summary of State Laws 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 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. 
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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(G) 

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, ‘’child’’ may be any child 

whether or not related to the victim or the defendant. 

Consequences

Ann. Stat. Tit. 21, § 644(F)

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. 

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. 
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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. 

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. 
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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. 

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. 
Child Witnesses to Domestic Violence: Summary of State Laws 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 www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdvall.pdf

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. 

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. 
Child Witnesses to Domestic Violence: Summary of State Laws 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 www.childwelfare.gov/systemwide/laws_policies/statutes/witnessdvall.pdf

Wyoming

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.