This paper traces the development of social care practice in relation to child witnesses of domestic violence. It suggests that this development has been dominated by subsuming the needs of these children into a child protection process. The paper outlines how this has led to significant (but often unclear) legal and policy initiatives which have failed, as yet, to be translated into practice. The paper argues that there are a number of important reasons why child witnesses of domestic violence should not always be assumed to need the response of a child protection system and that a future practice, legal and policy response should be based on a wider understanding of their needs. Copyright © 2006 John Wiley & Sons, Ltd.KEY WORDS: child protection; domestic violence; welfare * Correspondence to: Mark Rivett, Senior Lecturer, School of Policy Studies, Bristol University, Bristol BS8 1TZ, UK. E-mail: mark.rivett@bristol.ac.uk † We use the term domestic violence to describe violence between current or former partners in an intimate relationship. We recognise that this violence may include physical, sexual, emotional or financial abuse. We are aware that many terms are used in the British and North American literature to describe this abuse. These terms include ones such as 'intimate partner violence', 'inter-parental violence', 'marital violence', 'family violence' and 'violence by known perpetrators'. We have chosen the term domestic violence despite its difficulties because it is the phrase used by policy makers and is in general use in the UK. We also recognise that domestic violence occurs in same sex relationships and that men in heterosexual relationships can be victims. However, because the literature and research to date is predominantly concerned with male on female abuse, this paper will reflect this bias.