The Impact of Domestic Violence on Children

By Amy Allen and Susan Myres


Introduction
Conquering domestic violence and eliminating the impact it has on children is a daunting task, but through education, awareness, and intervention, the life of a child may be protected or saved one child at a time. This article focuses on situations in which a child may not be the specific target of the violence, but simply a member of the household where the violence occurs.

Historical Data
The devastating impact of domestic violence on children is many times overlooked, minimized and even ignored. Family violence exposes a child to a world of terror, uncertainty, and self-blame.1 In general when family violence is addressed, the batterer and the abused are the ones who receive the attention, while often the child who has also been impacted by the violence remains unnoticed.2 Often parents, as well as those in the judicial system, are guilty of failing to acknowledge the effect that being exposed to a violent home can have on a child. In fact, studies reveal that although a parent may deny their child’s presence during a violent episode, children have reported that they have seen, heard, and can describe details of a volatile incident when neither parent realized the child was present.3
The judicial system is one of the most effective ways to help protect children. Our system has made great strides in addressing the issue. Ways to better protect children are through the education and awareness of judges and lawyers, collaboration with child advocates, mental health professionals, and other social service organizations, along with the assistance of our legislators passing helpful and much needed statutes. Judges and attorneys can better serve the clients and the legal system by understanding the dynamics of domestic violence and implementing appropriate measures in their practice.4

Texas Statutes and Cases on Domestic Violence
Section 71.004 of the Texas Family Code defines family violence as—
1. an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
2. abuse, as that term is defined by sections 261.001(1)(C)5, (E)6 and (G)7 by a member of a family or household toward a child of the family or household; or
3. dating violence, as that term is defined by section 71.0021.8

The judicial system is torn on how to appropriately handle family violence cases and each court appears to take a different approach as it relates to children, especially when there are no signs of direct physical abuse to the child.9 However, there are many highly publicized cases that have prompted a drastic change in the way the courts are handling family violence cases.10 For example, in 2001, a Dallas man convicted of assaulting both his first and second wives was awarded unsupervised visitation with his children from the second marriage.11 There were no allegations or charges made against the batterer about abuse towards his children. In fact, during an interview with ABC News, the mother acknowledged that he “was loving to them.”12 However, the batterer continued to threaten his ex-wife. After learning that his probation for a previous assault charge may be revoked, he shot both of his children during a period of court-ordered, unsupervised visitation.13
The commitment to the eradication of domestic violence is reflected in Texas public policy, which seeks to (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.14 Thus, as a matter of public policy, a parent who commits family violence is not acting in the best interest of their child and is not providing a “safe, stable, and nonviolent environment for the child.”15
This policy has also led to recent legislative changes. Before 2001, the Family Code was unclear as to whether a judge could appoint a person accused of domestic violence as a sole managing conservator. In 2001, Senate Bill 140 amended section 153.004 of the Texas Family Code as it pertained to domestic violence cases.16 Specifically, S.B. 140 was aimed at giving direction to judges “regarding the appointment of sole custody in family violence cases” and changing the way Texas courts handle visitation when a parent has a history of domestic violence.17 This new legislation provides an important barrier to conservatorship because studies show that batterers are more than twice as likely to seek custody for the sole purpose to continue to control the parent victim.18

Possession and Access
In regards to possession of and access to the child, Texas courts aim to protect the child and adult victim of the family violence.19 The Family Code provides a rebuttable presumption that unsupervised access is not in a child’s best interest when “credible evidence of a history or pattern of past or present” domestic violence is found.20
During a separation or divorce, violence tends to escalate, placing the safety and welfare of a child at its highest risk.21 Often, the only time that the abuser has contact with the victim is during the exchange of the child. In some cases, the batterers use their periods of possession and access to force communication with the other parent. Under such circumstances, the abuser will use the children to control or abuse the victim parent. Thus, the child continues to suffer from the domestic abuse unless the court implements certain precautions. Although the courts’ may inconsistently ac-knowledge the ill effects that a violent home has on a child, the courts are inclined to deny, restrict, or limit the access of the child when a history of family violence exists.22

Effect of Domestic Violence on Children
Domestic violence affects children not only by their presence during an episode, but also by hearing the abuse from another room or seeing the black eyes, broken bones, and emotional effect on the victim.23 Studies estimate that children living in a home with a batterer have a 70 percent chance of becoming the victim of abuse themselves.24 In addition, 40 percent of suspected child abuse involves a history of family violence.25 Thus, the risk of abuse of a child is frighteningly prevalent in a violent home. An attorney who fails to see the warning signs or fails to take action to protect the child needlessly perpetuates the cycle of violence.
Children who experience domestic violence react differently to living in a violent home due to age, gender, and other resiliency factors.26 The main factors that help to determine a child’s response to the abuse are—
1. the survival and coping mechanisms they have learned in dealing with the stress,
2. a child’s support system such as family and friends,
3. having good peer relationships,
4. their level of self-esteem and social skills, and
5. a child’s development of some sense of control of one’s life.27
In addition, life in a violent home can affect a child in a variety of ways, including disruptions in the child’s eating and sleeping patterns, which in turn results in agitation, lack of focus, and malnutrition.28 The child may also experience depression, anxiety, fear, and guilt, which result from living in constant fear of violence against themselves or the victim-parent, and for blaming themselves for either causing the violent episode or being unable to protect the victim from abuse.29 Indeed, 63 percent of boys aged 11 to 20, who are arrested for homicide, are convicted for killing their mother’s batterer.30
Children from violent homes usually lack in social skills and therefore have trouble with peer relationships.31 Because bad behavior is modeled in the home, children from violent homes learn inappropriate ways to handle certain situations and interactions with others.32 A child may be isolated from family and friends and encounter “stormy” relationships that start intensely and end abruptly.33 They may have difficulty trusting anyone, but especially adults, and are unable to manage their anger and lack in the skills necessary for problem solving.34
When these children manage to make friends with other youngsters, they may fear the recurrences of violent episodes and are much less likely to invite their friends to their home.35 In other situations, the batterer will isolate his children from family and friends, which eliminates the chance to learn interaction skills.36
Family violence also creates highly difficult emotional crises for children. For example, children from violent homes are often confused by conflicting feelings towards the violent parent; they love the abuser, but hate the abuse and violence.37 These children also have a higher frequency of abandonment fears, as well as anger and embarrassment about living in a violent home.38
Indeed, the behavioral effects of domestic violence on children may be viewed in opposite extremes.39 For example, a child may either act out or withdraw in reaction to the violence, or he may become aggressive as opposed to passive.40 In addition, a child may have trouble focusing on their schoolwork and become an underachiever with academics. On the other hand, a child may use school as an escape and become an overachiever.41 Other child behaviors linked to family violence are acting in the role of caretaker, lying to avoid confrontation, bedwetting and nightmares, out of control behavior or very complacent behavior, and manipulation and mood swings.42
The physical effects of domestic violence on children vary widely. These children complain frequently of headaches and stomachaches, are more prone to poor hygiene and self-mutilation, and are more likely to engage in high-risk play and activities.43 They tend to run away from home, are truant at school, and even engage in criminal, sexual and gang activity as a way to cope with the family violence.44 In extreme cases, these children turn to drugs and alcohol, as well as commit suicide.45
Finally, a child who experiences family violence is more likely to become a perpetrator or a victim himself.46

Conclusion
When faced with a case involving domestic violence, as attorneys and judges, there is an obligation to comprehend the impact of family violence on the children in order to ensure their safety, as well as the safety of the victim-parent. Sadly, the cycle of abuse will continue until both the legal system and society step forward and recognize the devastating effects on a child living in a violent home. Intervention at an early age is necessary to halt the cycle of abuse and must include counseling of all family members in order to reach a constructive resolution which benefits, as well as protects, the family, thereby creating an environment for both individual and familial growth.

Endnotes
1. Barbara E. Smith et al., Helping Children Exposed to Domestic Violence: Law Enforcement and Community Partnerships, Final Report to the National Institute of Justice, at 22 (March 2001), available at http://www.abanet.org/child/dvchild.pdf. 2. Id. 3. See generally, Peter G. Jaffe, David A. Wolfe, and Susan Kaye Wilson, Children of Battered Women (1990). 4. See generally, Sarah M. Buel, The Impact of Domestic Violence on Children: Ten Practical Recommendations for Lawyers, Advocates, Judges, and Court Personnel (1998). 5. “[P]hysical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm.” Tex. Fam. Code § 261.001(1)(C). 6. “[S]exual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes the offense of indecency with a child under Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code.” Tex. Fam. Code § 261.001(1)(E). 7. “[C]ompelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code.” Tex. Fam. Code § 261.001(1)(G). 8. “[A]n act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.” Tex. Fam. Code § 71.0021(a). 9. In the Interest of K.W., No 14-03-00229-CV, 2003 Tex. App. LEXIS 8432, at *8-10 (Tex. App.-Houston [14th Dist.] Sept. 30, 2003, no pet.) (not designated for publication). 10. Shelly Holcomb, Comment, Senate Bill 140: How Much Did it Change Texas Family Code Section 153.004?, 9 Tex. Wesleyan L. Rev. 121-99 (2002). 11. A Revenge Killing: Why Didn’t Anyone See the Signs (ABC News report, May 18, 2002), available at http://abcnews.go.com/sections/2020/DailyNews/2020_revenge_020517.html. 12. Id. 13. Id. 14. Tex. Fam. Code § 153.001. 15. Tex. Fam. Code § 153.004(f). 16. See Holcomb, supra, at footnote 10. 17. Id. 18. Id. 19. Tex. Fam. Code § 153.004(d). 20. Tex. Fam. Code § 153.004(e). 21. See Holcomb, supra, at footnote 10. 22. See K.W., supra, at footnote 9. 23. See generally Buel, supra, at footnote 4. 24. Id. 25. Texas Council on Family Violence (handout). 26. Id. 27. See generally, Report of The American Psychological Association Presidential Task Force on Violence And The Family: Issues and Dilemmas in Family Violence (1996), available at http://www.apa.org/pi/pii/familyvio/homepage.html. 28. Texas Council on Family Violence (handout). 29. Marty H. Rhea et al., The Silent Victims of Domestic Violence – Who Will Speak?, 9 J. Child and Adolescent Psychiatric Nursing 7-15 (July 1, 1996); Jeffrey L. Edleson, Children’s Witnessing of Adult Domestic Violence, 14 J. Interpersonal Violence 839-70 (1999), alternative version available at http://www.vaw.umn.edu/documents/vawnet/witness/witness.html; J.M. Attala et al., Integrative Review of Effects on Children of Witnessing Domestic Violence, 18 Issues in Comprehensive Pediatric Nursing 163-72 (1995). 30. Texas Council on Family Violence (handout). 31. Id. 32. Peter G. Jaffe et al., Children’s Observations of Violence: I. Critical Issues in Child Development and Intervention Planning, 35 Can. J. Psychiatry 466-70 (1990); Steve Spaccarelli et al., Exposure to Serious Family Violence Among Incarcerated Boys: Its Association With Violent Offending and Potential Mediating Variables, 10 Violence and Victims 163-82 (Fall 1995). 33. Texas Council on Family Violence (handout). 34. Id. 35. Id. 36. National Women Abuse Prevention Project, Texas Council on Family Violence (handout). 37. Jeffrey L. Edleson, Problems Associated With Children’s Witnessing of Domestic Violence, available at http://www.vaw.umn.edu/documents/vawnet/witness/witness.html. 38. Texas Council on Family Violence (handout). 39. Id. 40. Id. 41. Id. 42. Id. 43. Peter G. Jaffe et al., Similarities in Behavioral and Social Maladjustment Among Child Victims and Witnesses to Family Violence, 56 Am. J. Orthopsychiatry 142-45 (Spring 1986); see Rhea, supra, at footnote 29. 44. See Rhea, supra, at footnote 29; Spaccarelli, supra, at footnote 32; Azmaira H. Maker et al., Long-term Psychological Consequences in Women of Witnessing Parental Physical Conflict and Experiencing Abuse in Childhood, 13 J. Interpersonal Violence 574-89 (1998). 45. Texas Council on Family Violence (handout). 46. Id.

Amy Allen is a second year law student at the University of Houston Law Center. She worked with at-risk and abused children prior to going to law school. Allen plans to practice either family law or criminal prosecution.

Susan Myres is a principal in the firm of Myres, Dale & Associates. She is board certified in Family Law and is a Fellow in the International and American Academy of Matrimonial Lawyers.

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