How to prove emotional abuse in court is not an easy question to answer. It is more likely to get Domestic Violence Restraining Order if you have physical abuse. Evidence of physical abuse – bruises, scars, and black eyes is easier to prove by photos, videos, medical records, ext.
How to prove emotional abuse is also should be a question what evidence, if any, do you have. The burden of proof is on you.
If you have an emotionally abusive spouse who damages your life and the life of your children, you must bring this to the court, not only for your own safety and well-being but for the safety and well-being of your children. If you are considering domestic violence restraining order, you are most likely planning for a divorce. Keep in mind that while you guys are living together you have more control over how your spouse is treating your children, but after the divorce, he will be along with the kids during his/her custodial time. That is why it is important to prevent any psychological damage that could be done by an abusive parent.
RECOGNIZE What is emotional abuse before considering How to prove emotional abuse
Before diving into details on how to prove emotional abuse, let discuss what is emotional abuse in the eyes of the law.
Emotional abuse is Non-physical action making a harmful impact, specifically to destroy somebody’s self-esteem and make you feel bad about yourself.
You can recognize an emotionally abusive spouse if she/he:
embarrass you or put you down in front of others;
invade your privacy, monitoring your actions;
getting angry if you are spending time with family or friends alone;
demanding access to your email, iPhone, social media accounts;
blame everyone around including you for their actions;
don’t put any attention to your feeling and concerns.
There is an endless list of what can be included in emotional abuse and nevertheless, it is the hardest thing to recognize.
How to prove emotional abuse using witnesses
If the witnesses saw or heard what happened they can testify in court. However, if it is your spouse’s relatives or your relatives how would it influence the relationship. Would they agree to be placed in the middle of such a difficult situation? It is not easy to involve people in a high-conflict divorce or child custody battle if they are a family member.
If your witnesses are parties to hearsay, it is not beneficial to invite them to testify. Hearsay is out of court statement offered for the truth of the matter asserted.
If your witnesses heard from someone regarding abuse, but were not present and perceived the abuse, their testimony would not be helpful.
How to prove emotional abuse – Keeping track of abuse
The good way to collect evidence for the court and lay the foundation for your testimony is to keep journaling the facts with specific days and times of the abuse. If you are a victim of emotional abuse you should probably have some emails, text messages, or recordings of the phone conversation. This kind of evidence is key to how to prove emotional abuse
how to prove emotional abuse – Go see a doctor. As stated above, emotional abuse can result in physical symptoms of anorexia, obesity, high blood pressure, heart disease. Although the physical symptom does not always take place, when it does, sometimes the doctor’s comments regarding the physical impact of emotional abuse on you would help you in the court
If you are taking a child or elderly adult to the doctor, then you can inform the doctor that you think the person is being emotionally abused. The doctor can then talk to the patient and draw out helpful information.
How to prove emotional abuse Report abuse to proper authorities
If the emotional abuse became extreme to the point that you are suffering physical consequences, you can contact appropriate authorities, police, If the children are victims of emotional abuse you can contact child protective services.
Remember, the victim is the one who has the burden of prove that he/she was emotionally abused. So, before moving forward with your case, be sure to retain a family law attorney to maximize the success of winning your case. If you are in Orange County, there are many Family Law Attorneys in Orange County. Try to make your choice based on how successful was an attorney in that kind of case.
We have a couple of experienced attorneys in our team with a history of winning cases in challenging emotional abuses cases.
Proving Emotional Abuse in California
Emotional abuse, though less visible than physical abuse, can have devastating effects on victims and their children. Proving emotional abuse in court is challenging due to its intangible nature, but with the right approach and evidence, it is possible to build a compelling case. Here are additional steps and considerations for proving emotional abuse in a California court.
Legal Definitions and Recognitions
Under California law, emotional abuse is recognized as a form of domestic violence. California Family Code Section 6203 defines abuse as “intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing a person in reasonable apprehension of imminent serious bodily injury to that person or another.” Emotional abuse falls under “disturbing the peace of the other party,” including coercive control, harassment, and psychological manipulation.
Documenting Patterns of Behavior
Consistency and patterns are key in proving emotional abuse. Document each incident meticulously:
- Detailed Journals: Keep a journal of each instance of abuse, noting dates, times, locations, and descriptions. Include how the abuse made you feel and its impact on your daily life.
- Incident Reports: File reports with local authorities whenever abuse occurs. These create an official record and can support your claims in court.
Collecting Evidence
Evidence is critical in substantiating claims of emotional abuse:
- Audio and Video Recordings: If legal, recordings of abusive interactions can be powerful evidence. Ensure you understand the legality of recording conversations in your state.
- Electronic Communication: Save all abusive texts, emails, and social media interactions. Organize screenshots and printed copies for evidence.
- Medical Records: Obtain records documenting any physical symptoms related to emotional abuse. If you’ve sought therapy or counseling, request records or letters from your therapist detailing the abuse’s impact.
Expert Testimony
Expert witnesses can provide professional opinions to substantiate claims of emotional abuse:
- Therapists and Psychologists: A mental health professional who has treated you or your children can testify about the psychological impact of the abuse.
- Child Psychologists: If children are involved, a child psychologist can evaluate their emotional well-being and testify about signs of trauma or stress related to the abuse.
Involving Child Protective Services
If children are victims of emotional abuse, involving Child Protective Services (CPS) can be crucial. CPS can conduct investigations and provide reports for court use, demonstrating the situation’s seriousness and the need for protective measures.
Legal Proceedings and Protective Orders
When emotional abuse necessitates legal intervention, consider these actions:
- Domestic Violence Restraining Order (DVRO): A DVRO offers immediate protection. File a request with the court and present evidence of abuse. The court may issue temporary orders and schedule a hearing for a more permanent solution.
- Custody and Visitation Orders: If emotional abuse affects your children, seek custody and visitation orders that protect their well-being. Evidence of abuse can significantly influence custody decisions.
Utilizing Support Resources
Utilizing available resources can strengthen your case and provide support:
- Domestic Violence Advocates: Organizations offer services, including legal advocacy, counseling, and safety planning assistance.
- Legal Aid: If you cannot afford an attorney, seek help from legal aid organizations specializing in domestic violence cases.
- Support Groups: Joining support groups for domestic violence survivors can provide emotional support and practical advice.
CALL TODAY FOR FREE CASE EVALUATION
714-390-3766
Helpful information for Domestic Violence restraining order on the Superior court of California website.
