2.8 Removal of the perpetrator in cases involving domestic violence

Children in homes where domestic violence occurs are more likely to experience child abuse and neglect. Extensive research shows at least a 40 percent co-occurrence, and several studies indicate that children in homes where adult domestic violence occurs are at greater risk of physical abuse in particular. In addition, children witnessing domestic violence experience recurring emotional trauma. At the same time, many adult victims are effective parents and are able to mediate the effect of their children’s exposure to domestic violence. [i] Clearly, one of the best ways to keep children safe is to keep their parents (or battered parent) safe. Although there are no studies of the outcomes for children, it is the consensus of domestic violence, judicial and child welfare experts that when domestic violence places a child and parent at risk, removal of the perpetrator can help to protect the victimized parent and allow the child to remain in the home.

A. Removing the perpetrator. California legislation requires the courts in child abuse and neglect cases to consider ordering the violent parent to leave the home instead of removing the child. Alaska statutes require the state child welfare agency to make efforts to protect the child and prevent separation of the child from the battered parent, and to remove the batterer from the home. [ii] In 2001, the Florida Legislature directed that training for child protective services staff include instruction for removing a perpetrator of domestic violence from the home. [iii]

B. Restraining orders that protect children. All states have processes for victims of domestic violence to obtain restraining orders, which compel a violent partner to stay a specified distance away from the victim and his/her home, but state laws vary regarding the duration and scope of restraining orders. For example, in California, restraining orders can protect children and other family or household members as well as the victim him/herself, can last up to three years, and can include additional provisions such as mandated treatment for the abuser.[iv]

At the same time, restraining orders will help keep children safe only if they are accessible and enforceable. Alaska, Indiana and South Dakota statutes allow restraining orders against perpetrators of domestic violence to be issued in child welfare cases instead of requiring the nonviolent parent to file a separate legal action. California child welfare agencies are required to assist battered parents in obtaining restraining orders and other services and supports. [v]

Policy Options : States can promote removal of the perpetrator in cases involving domestic violence by adopting 1, 2, 3, or 4, of the following policies:

· Legislation requires the court to consider removal of the perpetrator as opposed to the child.

· Restraining orders can include children as well as the adult victim of domestic violence.

· Restraining orders may be issued as part of child protection proceedings.

· The child welfare agency must provide assistance in obtaining restraining orders.