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PROTECTING CHILDREN WHO WITNESS DOMESTIC VIOLENCE
Authors:Melanie Margarida Nowling
Affiliation:Melanie Margarida Nowling received a B.A. in political science and feminist legal theory from Ithaca College in 1999. In 2003, she received a J.D. from Syracuse University College of Law with a certificate in family law. She is employed as a family court clerk in Hudson County, New Jersey.
Abstract:This article argues that the Nicholson v. Williams case was decided wrongly because it does not adequately protect the interests and welfare of children who witness domestic violence. It contends that the legal system must do more to ensure the well-being of children who witness domestic violence before permitting them to remain in the custody of their mothers who were living in violent relationships. The article does not support the notion that victims of domestic violence should be prosecuted for failure to protect or child abuse but argues that evidence reveals how detrimental witnessing domestic violence is on a child and that this necessitates the need for stricter measures to be taken to protect children from this danger.
Keywords:Failure to protect    children who witness domestic violence    domestic violence    Nicholson v. Williams    effects of witnessing domestic violence    unnecessary removal
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