Family, Criminal & Children's Court Attorneys Since 1991

Proving abuse in court when it’s nonphysical

On Behalf of | Oct 2, 2021 | Custody and Parenting Time |

Finding evidence for nonphysical abuse to bring forth in a custody battle is often a challenge. This type of mistreatment that is unfortunately common in marriages is often subtle, but even the most dramatic instances of nonphysical abuse might leave no trace of visibly obvious evidence. If you’ve been a victim of nonphysical abuse and you’re going through this difficult process in Wisconsin, it’s important to know what evidence you need to prove the abuse you suffered to the court.

Nonphysical abuse may present itself in many forms, but the most common types are:

  • Verbal
  • Psychological
  • Emotional
  • Financial

Make your story heard

One of the best things you can do both for yourself and for your child custody case in these situations is to work with a therapist who specializes in nonphysical abuse. This professional will help draw the full story out of you and make a record of everything that’s happened. They can then provide a third-party perspective in court, testifying on your behalf.

It may also be beneficial to find an advocate from a group counseling session or domestic violence shelter. These are all effective ways of allowing other voices to lift up your story, preventing the custody battle from becoming a “he said, she said” situation.

Tell your own story

Keeping a journal is also a highly valuable practice when going through abusive situations. This gives you a play-by-play record of what happened during each incident of abuse, providing you a defense against accusations of misremembering. There are also apps that can save your text messages, making it easy to archive and file them.

Nonphysical abuse is terrible for anyone to go through and something that’s often challenging to prove in court. If you take simple steps like journaling and talking to a therapist, you will greatly increase the likelihood of your story being heard.