Domestic violence is a common reason that people leave their marriages. Those subject to physical harm by their spouses or concerned about the safety of their children often plan carefully to ensure their safety when they leave. In cases involving requests for privacy or limitations on shared custody, a spouse choosing to leave because of domestic violence may need evidence to convince the courts of what they have experienced.
What types of evidence can convince family law judges to protect the privacy of a domestic violence survivor or limit one parent’s unsupervised time with minor children?
Official documentation is the best evidence
Authoritative documentation can convince a family law judge that protection from abuse is necessary. Police reports and medical records are among the most authoritative forms of evidence in divorce scenarios involving domestic violence.
Unfortunately, many domestic violence victims are not in a position to contact authorities or seek professional care. They may need to create private evidence. Photographs of injuries and damaged property can show a pattern of volatile behavior.
Written records of incidents that include all relevant details, such as what occurred, when and who else may be aware of the incident, can help validate that unsafe conduct has been an issue within the marriage. Most people do not need evidence of domestic violence to file for divorce, but those who need a judge to take unsafe conduct into consideration when reviewing specific requests made during the divorce might require documentation.
Discussing a spouse’s behavior with a divorce attorney can help people understand their rights and make use of the systems in place for their protection when leaving a marriage affected by domestic violence. A lawyer can assist with the collection of evidence and can support spouses who are ready to leave an unsafe situation.