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Can domestic violence also be considered child abuse if child is witness?

Bluffton, SC |

My son's father was severely physically abusive to me on a number of occasions, and our son, now 1 year old, was witness to each incident. When my son's father was arrested for one of these incidents, he was also charged with cruelty to children because it occurred in front of our son (State of GA). Would this also be considered child abuse or endangerment? Son and I currently live in SC.

Attorney Answers 1


South Carolina does have a cruelty to children statute. Almost every state in the Union now considers criminal conduct committed in the presence of a child an additional crime or at least an aggravating factor. So yes.

As we don't know enough about your case, you should not consider my answer to be legal advice. You would need to consult with an attorney at length and include details about what has occurred in order to adequately assess your criminal exposure. Also, I am licensed in the state of New York only. If this is a federal case, provided more information were given, we could give you a better idea of the sentencing range. If it is state only, you will need an attorney licensed in your jurisdiction to address this.

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