How Does a Parent Prove Domestic Violence in Family Court?

Your spouse or significant other has frequently turned their anger against you or the children that you share. They become verbally abusive or physically aggressive, causing emotional distress or significant physical injury.

When domestic violence has affected your family, you want the family courts to consider that behavior when they split up parental rights and responsibilities between you and your ex.

Unfortunately, mere allegations of domestic violence will achieve next to nothing in a custody case or divorce. You need documentation to support your claims. How do you prove that abuse occurred?

Official records are the best evidence

If there are Child Protective Services reports, police arrest records, or medical documentation of severe injuries, that evidence will have the strongest possible impact on a family law matter.

Unfortunately, many victims of domestic violence avoid calling the police or seeking medical care. What kind of evidence can you obtain if you are too frightened to ask for professional help before you leave?

You can create your own record of the abuse

There are numerous ways for you to keep a convincing record of what you experience when your spouse mistreats you. A journal that includes times, dates, injuries suffered and other crucial details can help show a pattern of behavior. You can also save screenshots of text messages and other electronic communication showing abusive or aggressive language. You can take photographs of your injuries or of damage to your house, such as holes punched in walls.

Speaking with someone outside of your family, like a therapist or your primary care physician, can create records of your experience even if you don’t dare seek emergency care after a specific violent incident. The more evidence you have that shows a pattern of behavior, the greater your chances of convincing the courts to protect you or your children.

Documenting domestic violence is a crucial step to fighting back against it.

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