Child Witnesses to Domestic Violence - Hawaii

Circumstances That Constitute Witnessing

Citation: 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

Citation: 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.