Citation

White HA. Fam. Court Rev. 2003; 41(4): 527-532.

Copyright

(Copyright © 2003, Association of Family and Conciliation Courts, Publisher John Wiley and Sons)

DOI

10.1111/j.174-1617.2003.tb00913.x

PMID

unavailable

Abstract

This note addresses the decision of Nicholson v. Williams and the significant impact it will have on the rights of domestic violence victims. Victims are faced with unique challenges with regards to protecting their children from witnessing domestic violence. The Nicholson decision recognizes that the dynamics of domestic violence require special consideration in “failure to protect” cases and that removal from the home is not necessarily the best alternative for the well-being of the children. This note attempts to explain that the abuser, not the victim, is responsible for the effects that domestic violence has on the children who witness it and that it is important to keep the victim and children united to cope with the effects of domestic violence.