California, United States of America
The following excerpt is from People v. David, F064298 (Cal. App. 2013):
It is clear from this evidence defendant knew or should have known his son was present at the scene and could witness the attack. Just as in Burton, defendant, the minor's father, without regard for his child's well-being, launched an attack against the victim while his child was just behind an adjacent wall. In Burton, the evidence suggested the child did not actually see the attack, but the court still found he was present "at the scene" when the attack occurred. (People v. Burton, supra 143 Cal.App.4th at p. 455.) Likewise, N.H. was present "at the scene" by virtue of being in the very next room during the threats and assault on his mother.
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