Children in violent homes need better protection, report says.

Millions of children who witness domestic violence need better protection and service from the legal system, according to a recent report to the president of the American Bar Association (ABA). Six ABA committees contributed to the report, which outlines ways that police, lawyers, judges, and social service providers can better ensure the health and safety of children who live in violent households.

"There is no doubt that children are harmed in more than one way cognitively, psychologically, and in their social development--merely by observing or hearing the domestic terrorism of brutality against a parent at home," the report said. Experts estimate that 3.3 million to 10 million children are exposed to domestic violence every year.

The report, "The Impact of Domestic Violence on Children," was released during the ABA's annual meeting in August. It proposed several legal reforms aimed at protecting battered parents and their children from further harm:

* Police responding to domestic violence calls should address the immediate safety, shelter, and medical needs of children in the household as well as the battered parent.

* Protective orders against abusers should cover both the victim and the victim's children. These orders might provide for removal of the abuser from the home, child custody and support arrangements, and supervised visitation. In some cases, the order might prohibit the abuser from visiting the children entirely.

* Arrest should be mandatory when an abuser violates child-related protective orders, including custody or visitation orders.

* Convicted batterers and people subject to protective orders should be barred from possessing firearms.

* Judges hearing child custody and visitation disputes should consider a history of domestic violence in making their decisions. "Where there is proof of abuse, batterers should be presumed by law to be unfit custodians for their children," the report said.

The report also urged lawyers to make legal services more available and affordable to domestic violence victims and cited a "profound shortage" of community legal services for low-income victims. "It is unconscionable that an indigent parent victimized by domestic violence is turned away from a legal aid office or placed on a long waiting list because of program capacity barriers," the report said.

The authors' recommendations included developing lawyer referral programs, strengthening law school curricula and continuing legal education programs on domestic violence, and encouraging pro bono representation of victims.

The report also recommended improving education and training on how domestic violence affects children for lawyers, judges, court personnel, social services workers, and others involved in domestic relations, juvenile, and criminal cases.

Fredrica Lehrman, head of ATLA's Domestic Violence Litigation Group, called the report "an invaluable resource for all people concerned about this problem." She added that she was "thrilled" by a footnote stating that the term "domestic violence" does not cover "actions that a victim of assaultive behavior may take to protect him or herself from abuse (i.e., when there is evidence of self-defense)." The authors were "brave" to include that statement in its report, Lehrman said.

The report has not been approved by the ABA's House of Delegates and does not constitute official ABA policy.

For a copy of the report (No. 5490248), call the ABA Service Center at [phone]. Cost is $6 plus $2 for shipping.