Family Abuse in Presence Of Children and Outside of Presence Counts the Same

In the case of KRP ex rel. Brown v. Penyweit, the Missouri Court of Appeals ruled that the trial court’s statutory obligation to consider whether there was “any history of abuse of any individuals involved,” in determining best interest of out-of-wedlock child in custody proceeding, was not limited to evidence of abuse that occurred in child’s presence.

Analysis:  Virginia has a similar provision in its “best interests” statute.  Consequently, I think Virginia Courts would rule just like this court ruled.