Domestic violence can play a major role in both potential criminal charges and divorce cases. Someone who has an abusive spouse may be looking to end the marriage. They may also want to know what options they have to obtain an order of protection and take other legal steps to keep themselves and their children safe. Credible accusations could dramatically impact the divorce process, especially when it comes to things like child custody rights.
While going through this process, a key step is gathering evidence. But what types of evidence may be used to show domestic violence in the home?
5 key examples
Every case is unique, so the specific evidence available will vary depending on the situation. However, the following are common examples of evidence that may be used. You could:
- Take pictures of any injuries, and include dates with the photos.
- Keep copies of all paperwork, such as police reports.
- Seek testimony from witnesses, such as friends, neighbors or other family members.
- If you suffer injuries, obtain medical reports to support these claims and demonstrate the severity of the injuries.
- Keep a diary noting when abuse occurred, who was present, what happened and any other relevant details.
The more evidence you can gather, the stronger your case may be. For example, a witness statement can be helpful, but it is often more effective when supported by police reports and medical records.
Your legal options
Seeking a divorce in a domestic violence situation can feel complex and overwhelming. It may be helpful to work with an experienced attorney as you explore your legal options.
