Credit: (Alexas Fotos from Pixabay)Children who have witnessed or experienced domestic violence could soon be eligible to receive court-ordered counseling, including mental health therapy.
The perpetrator of the violence could also be ordered by the court to pay for the child’s counseling and would be required to show proof of payment to the court.
Under current law, a judge must advise the victim and the perpetrator of any programs or services available for advice and counseling after a domestic violence complaint has been filed. But there is no requirement that they be advised on specific counseling services for their children.
Lawmakers are looking to change that with a bill that cleared an Assembly committee earlier this month.
The push by lawmakers comes as domestic violence continues to be an urgent issue that advocates and lawmakers have sought to address throughout the state in recent years. In early September of 2023, nearly all domestic violence programs in New Jersey participated in a national count of domestic violence services conducted by the National Network to End Domestic Violence, a Washington, D.C.-based organization.
During the 24-hour survey period, 937 adults and children who survived domestic violence found refuge in emergency shelters, transitional housing, hotels, motels or other housing provided by local programs, according to a statewide summary of the report. Additionally, 518 children and adults received “non-residential” supportive services related to transportation, housing advocacy, legal support and therapy.
Domestic violence is “far from an isolated issue” and its impacts extend “beyond the immediate victim” and affect children and families, Assemblyman Sterley S. Stanley (D-Middlesex), a primary sponsor of the bill, said in a statement.
“My bill seeks to address the trauma these incidents of violence can have on children by allowing courts to mandate counseling for children who have witnessed or been victimized by domestic violence,” Stanley said via email.
During a recent interview with NJ Spotlight News, Assemblyman Michael Inganamort (R-Morris), another primary sponsor, acknowledged the important roles that domestic violence organizations and child advocacy centers play across the state. He also noted how domestic violence could affect a child’s development.
“When a child is exposed to domestic violence in the home, that is something that he or she internalizes, and there’s a real good chance that he or she struggles to really understand it and make sense of why it’s happening … and what it says about that child’s own worth,” said Inganamort.
Witnessing domestic abuse is considered an adverse childhood experience, or a traumatic event that occurs in childhood which is linked to chronic health problems, mental illness and substance abuse in adulthood. Additionally, children who grow up in the presence of domestic violence are more likely to experience it themselves once they reach adulthood, according to McLean Hospital, the largest psychiatric teaching hospital of Harvard Medical School.
Darian Eletto of Bergen New Bridge Medical Center in Paramus said that kids who witness domestic violence also have a harder time creating healthy relationships and need the support of mental health professionals to learn how to make these types of relationships in their own lives.
“Going to therapy, talking about your feelings (and) telling a loved one or an authority figure — whether that’s a teacher, a counselor, a mentor — that something’s happening is so important,” said Eletto, the chief clinical officer of behavioral health services at the medical center.
Eletto said the bill, if signed into law, would also help kids get access to mental health care sooner and would remove the financial barriers of receiving this care.
“The sooner we get into therapy, the sooner we can get these kids talking about what they see and what happened, the sooner we can teach them healthy coping skills, healthy relationship skills and healthy boundaries, so they don’t carry these negative behaviors into their own future adult relationships,” said Eletto.
Under the pending legislation, a judge could also order the perpetrator to reimburse the victim for the costs associated with the child’s counseling or to reimburse the state Victims of Crime Compensation Office for compensation paid to the victim. Any direct payment to the victim would not be allowed to be made in person, but could be made electronically or in any other way that does not require contact between the victim and the perpetrator, according to the bill. Additionally, after a final restraining order is issued by the court, legal and physical custody would be awarded to the non-abusive parent, among other measures.
Eletto of Bergen New Bridge Medical Center said that survivors of domestic violence can often feel shame and guilt about the incident, which could prevent their child or loved one from getting the help that they need.
“This bill could really help break a lot of those barriers towards getting that initial help, which in turn helps someone lifelong,” Eletto said.
An identical bill in the Senate, S1774, was cleared by a committee in May.
