Survey of Prosecutors' Views on Children and Domestic Violence in the United States, 1999

This survey of prosecutors was undertaken to describe current practice and identify "promising practices" with respect to cases involving domestic violence and child victims or witnesses. It sought to answer the following questions: (1) What are the challenges facing prosecutors when children are exposed to domestic violence? (2) How are new laws regarding domestic violence committed in the presence of children, now operating in a small number of states, affecting practice? (3) What can prosecutors do to help battered women and their children? To gather data on these topics, the researchers conducted a national telephone survey of prosecutors. Questions asked include case assignment, jurisdiction of the prosecutor's office, caseload, protocol for coordinating cases, asking about domestic violence when investigating child abuse cases, asking about children when investigating domestic violence cases, and how the respondent found out when a child abuse case involved domestic violence or when a domestic violence case involved children. Other variables cover whether police routinely checked for prior Child Protective Services (CPS) reports, if these cases were heard by the same judge, in the same court, and were handled by the same prosecutor, if there were laws identifying exposure to domestic violence as child abuse, if there were laws applying or enhancing criminal penalties when children were exposed to domestic violence, if the state legislature was considering any such action, if prosecutors were using other avenues to enhance penalties, if there was pertinent caselaw, and if the respondent's office had a no-drop policy for domestic violence cases. Additional items focus on whether the presence of children influenced decisions to prosecute, if the office would report or prosecute a battered woman who abused her children, or failed to protect her children from abuse or from exposure to domestic violence, how often the office prosecuted such women, if there was a batterers' treatment program in the community, how often batterers were sentenced to attend the treatment program, if there were programs to which the respondent could refer battered mothers and children, what types of programs were operating, and if prosecutors had received training on domestic violence issues.