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FAMILY LAW ARTICLES

April 19, 2022
How To Prove To the Court That You’re Being Abused

If you’re in an abusive relationship or suffering from domestic violence, you can benefit from getting the court involved in the matter. In order to get their help, however, you need to prove that you’re being abused. Otherwise, the courts cannot act on your claims and get you the help you need to leave the situation and start anew. But how are you supposed to convince the court you need their help? Simply use this guide to learn just what to do.

Make the Situation Clear with Evidence

Clear-cut evidence is the key in convincing the court that you need their help to leave the abusive situation. The evidence needs to clearly show that you’re the abused party and are in dire need of assistance.

Without evidence, all the court can do is weigh what each party says is happening. Although everyone speaks to the court under oath, there’s nothing giving your words credence over the other party’s – unless you have evidence, that is.

Main Types of Evidence Used to Prove Abuse

The court uses the two following types of evidence to validate your claims of domestic violence:

Testimonial

Your testimonial evidence is what you tell the court under oath. You will have a chance to address the court, and then the other party will as well. Your evidence cannot end at the testimonial stage, especially if the other party denies your claims. The situation can get even more confusing if they claim you’re the abusive party.

Documented

To support your testimonial, you must present documented evidence as well. The documented evidence objectively backs up your claims with irrefutable photos, videos, and written statements. With this evidence, it often becomes quite clear that you were abused and in need of help.

Your family law expert can help you gather all the evidence you need to prove your case in court. For the best results, you should collect documented evidence as soon as the abuse starts.

Most Effective Forms of Documented Evidence

The most effective types of documented evidence include:

  • Photographs
  • Audio and Video Recordings
  • Text Messages

If the other party catches on to your plan to get help from the court, they may attempt to destroy your documented evidence. So, make sure to protect the evidence you do collect about the abuse.

You should attempt to get it out of the house, if possible, by sending it to someone you trust. If you do not have anyone in your circle you can trust, then take photos of the evidence and email them to yourself. Also, save them as a text message or even print them out and put them in a safety deposit box.

Need Help Proving Your Case in Court? Call Today

To best protect yourself and your children from domestic violence, you need to seek legal help right away. To do that, simply give us a call at 805-639-0600 to schedule a consultation. As your lawyer, we can help you seek emergency protection through the courts. Plus, we’re here to help keep your documented evidence safe and ready to prove your case in court. So, please feel free to reach out any time for our support.

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