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Can You Prove Abuse During a San Diego Divorce

On Behalf of | Dec 13, 2021 | Divorce

Can you prove abuse during a San Diego divorce case?  Reported cases of domestic violence and associated restraining orders have substantially increased during the pandemic.  It can be very difficult and frightening to make the decision to leave a physically or verbally abusive spouse.  How will an abusive spouse respond to service of divorce papers?  How do you protect your children from abuse as you go through the process of a divorce in San Diego?

You can prove abuse during a San Diego divorce case but the Courts will require evidence of physical and/or emotional abuse.  The key to these cases is evidence.  In the case of physical violence evidence unfortunately comes in the form of bruises, injuries and often medical treatment.  Make sure to take photographs of any injury, no matter how seemingly insignificant, to you or your children after a spouse’s abuse.

Another strong tactic to prove abuse during a San Diego divorce is to maintain a private journal.  It can be a physical document or within an app on your phone.  Simply note the date and time of each physically or emotionally violent attack and any and all injuries you or your children were forced to endure.  Use your phone to captures pictures or video of injuries.  Many who are physically or emotionally abusive are known to damage personal property.  Make sure to document damage from things which are thrown or broken, holes in a wall, a kicked in door or any other damaged or destroyed piece of property.

Witness statements from other family members, friends, teachers, neighbors and even healthcare professionals can help to substantiate allegations and help you to prove abuse during a San Diego divorce case.  The presence of domestic violence can have a substantial impact on child custody and parenting time as well as other issues such as spousal support and property division.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.