Domestic violence is a serious concern that affects millions of people throughout the United States. However, adults who are involved in domestic disputes are not the only people affected by violence. Children may also be injured, whether they experience direct abuse or are present when violence occurs between adults in their homes. These experiences can leave children with physical injuries and emotional trauma, and they might also affect a child’s long-term development. These cases will often involve multiple types of overlapping issues, including family law concerns, criminal prosecution and civil liability.
The Scope of Child Abuse and Domestic Violence in the United States
A large number of children are affected by abuse, neglect and domestic violence each year in the United States. The Administration on Children, Youth and Families, which is part of the U.S. Department of Health and Human Services, compiles an annual report on child maltreatment detailing the number of cases in which child abuse and neglect are addressed by child protective services (CPS) agencies in all 50 states, the District of Columbia, and Puerto Rico. The most recent report, which reviewed data from 2024, reviewed around 4.4 million referrals to CPS agencies alleging child abuse and neglect. These cases involved around 7.7 million children.
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According to the report, there were around 532,000 victims of child abuse and neglect across the country in 2024. These incidents resulted in the deaths of 1,773 children. Children under the age of 1 were most likely to experience abuse or neglect, and they accounted for around 45% of child fatalities.Â
These numbers only include cases that are addressed by CPS. Many more children are likely to experience abuse or domestic violence in cases that are not reported to CPS or investigated by law enforcement. The true scope of domestic violence affecting children is unknown, but it is likely to be much larger than the data indicate.
Types of Injuries Children Can Suffer Because of Domestic Violence
Children who are affected by domestic violence and abuse can potentially experience a wide range of injuries, including:
- Physical Injuries:Â Bruises, broken bones, head trauma, burns and internal injuries can occur because of direct physical abuse or when a child is caught in the middle of violence between adults.
- Emotional and Psychological Harm:Â Children who witness violence in the home may experience anxiety, depression and post-traumatic stress symptoms. They may have difficulty forming healthy relationships as they get older.
- Long-Term Health Effects:Â Research has linked childhood exposure to violence with higher rates of chronic health conditions later in life, including asthma and cardiovascular problems.
- Developmental Delays: Repeated exposure to stress and trauma during childhood may have a negative impact on a child’s intellectual, social and emotional development.
- Behavioral Problems:Â Children who are exposed to domestic violence may show increased aggression, experience difficulty in school, or withdraw from interacting with friends and family members.
Criminal Charges That May Apply in Domestic Violence Cases
When a person is accused of domestic violence involving a child or another family member, they may be arrested and charged with an offense, such as:
- Child Abuse or Child Endangerment:Â A person who is accused of causing a physical injury to a child or placing a child in a situation that put them at risk of harm may face these types of charges.
- Domestic Battery or Assault:Â A person who caused physical harm to a member of their family or household may be charged with assault and/or battery. Depending on state laws, specific criminal charges related to domestic violence or family violence may apply. The severity of charges may increase when an offense allegedly occurred in the presence of a child or resulted in an injury to a child.
- Aggravated Assault:Â When a person is accused of using a weapon or inflicting serious injuries to a child or another family member, felony assault and/or battery charges may apply, and a person might face harsher penalties.
- Violation of a Protective Order: If a person is subject to a restraining order or order of protection, they may face criminal charges for violations of the terms of the order in addition to other charges related to domestic violence.
Civil Liability for Injuries Caused by Domestic Violence
In addition to criminal penalties, a person who is accused of causing an injury to a child or another family member through domestic violence may face civil liability. Civil personal injury claims will typically allow an injured person or a parent or guardian who is acting on a child’s behalf to seek compensation for the harm caused by domestic violence.
The damages in civil claims may address:
- Intentional Injuries:Â An injured person may be compensated for intentional physical harm, regardless of whether criminal charges were filed or resulted in a conviction.
- Infliction of Emotional Distress: When a person’s conduct caused a family member to suffer emotional harm, the victim may be compensated, even if they did not suffer a physical injury.
- Negligence: In some cases, a person who failed to protect a child from known risks, such as a parent who allowed a child to have contact with an abusive partner, might be held liable for the child’s injuries.
Civil claims can potentially provide compensation for medical bills, counseling costs, lost wages for a parent who cares for an injured child, and physical and emotional pain and suffering. A successful civil claim may require a person to pay compensation to a victim even if criminal charges were dropped or did not result in a conviction.
Legal Help in Cases Involving Domestic Violence and Injuries to Children
When children are injured because of domestic violence, multiple types of legal issues may need to be addressed as cases are handled in criminal courts, family courts and civil courts. A person who has been accused of domestic violence may work with a criminal defense attorney to defend against the charges they may face. A family law attorney can potentially help a parent obtain an order of protection and take steps to address child custody while protecting their child against harm. A personal injury lawyer may provide guidance to victims on the options for filing civil claims and recovering compensation for domestic violence.
