A growing body of literature shows that children who have been exposed to domestic violence are more likely than their peers to experience a wide range of difficulties. These difficulties fall into three main categories:

  • Behavioral, social, and emotional problems. Children in families experiencing domestic violence are more likely than other children to exhibit aggressive and antisocial behavior or to be depressed and anxious (Brown & Bzostek, 2003). Other researchers have found higher levels of anger, hostility, oppositional behavior, and disobedience; fear and withdrawal; poor peer, sibling, and social relationships; and low self-esteem.
  • Cognitive and attitudinal problems. Children exposed to domestic violence are more likely to experience difficulties in school and score lower on assessments of verbal, motor, and cognitive skills. Slower cognitive development, lack of conflict resolution skills, limited problem solving skills, pro-violence attitudes, and belief in rigid gender stereotypes and male privilege are other issues identified in the research (Brown & Bzostek, 2003; Edleson, 2006).
  • Long-term problems. Research indicates that males exposed to domestic violence as children are more likely to engage in domestic violence as adults; similarly, females are more likely to be victims (Brown & Bzostek, 2003).Higher levels of adult depression and trauma symptoms also have been found (Silvern et al., 1995). Exposure to domestic violence is also one of several adverse childhood experiences (ACEs) that have been shown to contribute to premature death, as well as risk factors for many of the most common causes of death in the United States.

Florida Statutes Section 61.13 (2) (c) 2 states in pertinent part that evidence that a parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence, as defined in s.741.28 and chapter 775, or meets the criteria of s.39.806(1)(d), creates a rebuttable presumption of detriment to the child. If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, shared parental responsibility, including time-sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent. However, the convicted parent is not relieved of any obligation to provide financial support. If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for time-sharing as specified in the parenting plan as will best protect the child or abused spouse from further harm. Whether or not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence, the court shall consider evidence of domestic violence or child abuse as evidence of detriment to the child.

Cases which involve domestic violence present difficult issues which must be deftly handled. At Segarraa & Associates, P.A., our legal team has extensive experience in advocating on behalf of the survivors of domestic violence and assisting them in effectively navigating the challenging issues that are presented in these circumstances.

Contact us for a consultation regarding your domestic violence case. We are committed to giving your case our full attention and are available now to speak with you. Call us today. (305) 742-5042