State Laws on Protecting Children from Domestic Violence

The following Child Welfare Information Gateway products and other resources explore State laws addressing harm to children resulting from domestic violence

State Statutes Series

Child Witnesses to Domestic Violence
Series Title State Statutes
Author(s)
Child Welfare Information Gateway
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Year Published 2021
Discusses laws that extend legal protection to children who may be harmed by witnessing acts of domestic violence in their homes. The issues examined include the circumstances that constitute "witnessing" domestic violence and the legal consequence to persons who commit the domestic violence, such as enhanced penalties and fines. This publication presents a general overview of this aspect of child welfare law. Summaries of laws on this topic for all individual States and U.S. territories are available from the State Statutes Search page.
Definitions of Domestic Violence
Series Title State Statutes
Author(s)
Child Welfare Information Gateway
Availability View
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Year Published 2018
Provides an overview of both civil and criminal definitions of domestic violence. The definition often varies depending on the context in which the term is used. Statutory definitions across the states generally describe specific conduct or acts that are subject to civil and criminal actions, and the specific language used may vary depending on whether the definition is found in the civil or criminal sections of the state's code. Summaries of laws for all states and territories are included.

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Related resources

Family Violence: Legislative Updates
National Council of Juvenile and Family Court Judges
Provides State-by-State guides to legislative changes to laws addressing domestic and family violence that were made from 1995 through 2010.

The Greenbook Initiative
National Council of Juvenile and Family Court Judges
A Federally sponsored program to address the co-occurrence of domestic violence and child maltreatment. Resources include publications, curricula, and technical assistance.

From Awareness to Practice: Children, Domestic Violence, and Child Welfare
Rivett & Kelly
Child Abuse Review, 15(4), 2006
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Discusses social work practice in relation to child witnesses of domestic violence. The paper argues that child witnesses of domestic violence do not always need the response of a child protection system and that future practice, legal, and policy responses should be based on a wider understanding of their needs.

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