Domestic violence is one of the leading causes of divorce. People afraid for their safety leave their marriages, often without discussing the decision with a spouse beforehand.
Especially in cases where spouses want to make use of privacy protections during divorce proceedings or where they fear for the safety of their minor children, they may need to document the domestic violence they experienced before they take legal action. The three strategies below can create an evidence trail for domestic violence considerations.
1. Pursuing official documentation
Whenever possible, obtaining official documentation validating that abuse occurred is the most authoritative type of evidence. Filing a police report and seeking medical care at a licensed facility can leave a paper trail that helps validate the history of violent interactions and injuries.
2. Keeping a journal
Many people experiencing domestic violence are afraid of the abuse escalating if they seek medical care or take legal action while still cohabitating with an abuser. A journal can be helpful for proving that abusive behavior occurred regularly. Written records describing the when, where and how of incidents, as well as mobile phone videos or photographs of injuries and damage to property, can help people show the volatile situation in which they live.
3. Confiding and trustworthy parties
Outside people can help corroborate allegations of abuse as well. A discussion after each violent incident with a friend, family member, neighbor, coworker, pastor or other trusted party can make it easier to corroborate what occurred, as witnesses can potentially testify in court or give formal statements.
Thorough documentation is critical for survivor protection when a divorce involves allegations of domestic abuse. Working with a divorce lawyer can help people know what steps to take to effectively protect themselves accordingly.
