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.
CALL TODAY FOR FREE CASE EVALUATION
714-390-3766
Helpful information for Domestic Violence restraining order on the Superior court of California website.
