Physically abusing a family or household member in the presence of a child under 14 years old is now a Class C felony under a newly signed law.
Gov. Neil Abercrombie signed House Bill 1993 into law June 20.
Previously, the act of domestic abuse in the presence of a child under 14 was a misdemeanor, punishable by up to one year in jail or two years of probation. Now as a Class C felony, the act is punishable by up to five years in prison or a five-year probation sentence.
"(We) originally introduced the bill because we were working with the prosecuting attorney’s office on Kauai, and they had seen many cases where they had domestic violence cases and the collateral damage were, unfortunately, the keiki," said Rep. Derek Kawakami (D-Hanalei-Princeville-Kapaa). "And so we felt it necessary to protect kids that are most vulnerable in these sort of unfortunate circumstances."
The law also requires a police officer to "make reasonable inquiry of witnesses and the family or household member upon whom physical abuse or harm is believed to have been inflicted" and order a no-contact period of 48 hours.
According to a state implementation plan for a Department of Justice Stop Violence Against Women Formula Grant, the four county prosecutors’ offices handled 3,217 domestic abuse cases in 2012.
The Kauai County prosecuting attorney’s office requested that Kawakami introduce the bill.
"We wanted to do something to increase penalties for abusers who traumatize young people in our community," Kauai Prosecutor Justin Kollar said, adding that his office sees 350 to 400 cases of domestic abuse each year with a significant number of them involving children being present.
"The science has pretty clearly shown that children who are exposed to domestic violence suffered traumas from that and have problems later in life," he said. "So we want to do something to interrupt that cycle."
After the age of 14, children’s brains develop a little more. But for those younger, the consequences can be more serious, Kollar said.
Kawakami echoed this, adding that he and Kollar had been working with the island’s YWCA and Children’s Justice Center.
"They all came out in strong support because these are the agencies that have to pick up all the pieces after the incidents happen, and they get to see firsthand the impacts on these children," he said.
Marci Lopes, executive director of the Hawaii State Coalition Against Domestic Violence, said children are often the silent victims of domestic abuse.
"A lot of times parents think … their child didn’t see the violence — they were in the other room," she said. "They actually hear it and they feel it, and they know the tension that’s going on in the family."
Renae Hamilton, executive director of the YWCA, submitted testimony to the Senate Judiciary and Labor Committee, saying the violence shatters children’s sense of safety.
"We now have the scientific evidence and reliable studies that clearly prove the negative impact witnessing domestic violence has on children’s brain development as well as their emotional and psychological health," she said. "Batterers need to be held accountable for the impact of their crimes on all the victims of family abuse, including the children."
Kollar said under the new law, the problem won’t go away, but prosecutors will have an additional tool to deal with offenders.
"We’re very pleased that the Legislature agreed with us that this is a serious problem in our community that needs to be addressed," Kollar said.
