Child Witnesses to Domestic Violence - California

Date: January 2021

Circumstances That Constitute Witnessing

Citation: 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.


Citation: Penal Code § 1170.76

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