Domestic Violence and Child Custody

Becoming a witness of domestic violence andwere in another part of the house and did not
growing up in such a volatile and disturbing familyactually witness the abuse. The two children were
environment can have a dreadful impact on theremoved from the home and made dependents of
psychological development of a child. Hence, the issuethe court upon a finding that the children were
of child custody in situations that involve domesticvictims of secondary abuse.
violence is one of great important.Parents experiencing domestic violence within their
The US Department of Justice gives greatfamily home are at risk of losing custody of their
importance towards protecting the rights of childrenchildren. These children may be declared as
who are exposed to domestic violence. Domesticdependants of the court, removed from the home,
violence in this context does not necessarily meanand taken into protective custody of Department of
the child has actually seen physical abuse orSocial services. There are several means by which
witnessed domestic violence. It may encompassparents subjected to domestic violence can prevent
circumstances wherein the child is simply present inlosing custody of their children. The most important
the home during an incident of domestic violence.of these is to bring an end to such a violent
Such type of abuse is commonly referred to asrelationship.
"secondary abuse." In a California case known as InIf you are involved in a relationship wherein domestic
re Heather A., 60 Cal. Rptr. 2d 315, 322 (Ct. App.violence is present and children are involved, you
1996) the court found that two children werewould do well to consult an attorney in your
exposed to domestic violence by virtue of being injurisdiction to help you learn where you stand legally
the same home as their mother ho was physicallyon the matter and what options are available to help
abused by her boyfriend, even though the childrenprotect you and your children.