How to Document Emotional Abuse in New Jersey Marriage Dissolution Proceedings

According to the National Coalition Against Domestic Violence, 48 percent of women and 48 percent of men have experienced at least one psychologically aggressive behavior by an intimate partner. Emotional abuse is a significant predictor of mental health problems in victims, which can strain marital relationships and lead to divorce (Hines and Malley-Morrison, 2001).

Research indicates that emotional abuse can be as harmful as physical abuse and, in some cases, may be an even stronger predictor of future New Jersey marriage dissolution proceedings. Indeed, a study published in the Journal of Family Issues found that emotional abuse was a more common reason for divorce than physical abuse.

We take a moment to present some essential guidance as to how you can best document emotional abuse for the purposes of New Jersey marriage dissolution proceedings.

Maintain a Detailed Journal of Incidents

One effective method of documenting emotional abuse is by keeping an exhaustive journal of all incidents. This journal should include comprehensive records of every episode of abuse, with specific dates, precise times, and meticulous details of the events. It is important to note the actions exhibited by the abuser, the exact words spoken, any threats made, and the emotional impact that these actions had on you. This journal can serve not just as a chronological narrative of the ongoing abuse but also as an irrefutable body of evidence for your case, particularly in a court of law.

Preserve Evidence in Communications

Emotional abuse frequently surfaces in written communications such as text messages, emails, or other digital platforms. Therefore, it is crucial to save and print out any messages that contain abusive content. These documents can serve as concrete, undeniable proof of the abusive behavior, bolstering your case significantly.

Take Photographs of Physical Evidence

Emotional abuse might not always lead to physical harm, but numerous instances may result in physical signs of abuse, such as visible injuries or damaged property due to violence. In such cases, take clear, high-resolution photographs as evidence. Ensure these images are time stamped or otherwise dated for future reference and can corroborate the narrative of abuse you're presenting.

Record Abusive Voicemails or Phone Calls

If the abuser leaves abusive voicemails or exhibits abusive behavior during phone calls, it is advisable to record these instances. However, it is essential to first verify New Jersey's state laws concerning the recording of conversations to ensure you're not infringing on any legal stipulations. If the law permits, these recordings can be a powerful tool in substantiating the abuse.

Obtain Testimonies from Witnesses

If there are individuals who have witnessed or overheard the abuse, such as friends, family members, neighbors, or even co-workers, request them to provide their testimonies. These first-hand accounts can significantly enhance the credibility of your case, offering third-party validation of the abuse. Witness testimony can prove crucial in New Jersey marriage dissolution proceedings.

Seek Professional Help

Emotional abuse can be profoundly damaging, both mentally and emotionally. It is important to seek help from therapists, counselors, or other mental health professionals who can provide necessary support and help you navigate your feelings. Apart from aiding you in dealing with the trauma, they can also document your experiences from a professional perspective, adding a layer of objectivity to your claims. Their records, observations, and evaluations can serve as potent evidence in your case.

Report to Authorities

It's of paramount importance to report all incidents of abuse to the local police or relevant authorities. Ensure that you obtain copies of these reports, as law enforcement documentation lends considerable weight to your abuse claims and can serve as substantial legal evidence in a court of law.

Document Changes in Your Behavior or Health

Emotional abuse can precipitate notable changes in your behavior or health. This could manifest in several ways, such as significant weight loss, the development of anxiety disorders, suffering from insomnia, or other related symptoms. Keep a comprehensive record of these changes, either through medical reports or a personal journal detailing these shifts. This can provide crucial evidence of the abuse's impact on your well-being during New Jersey marriage dissolution proceedings.

Keep Records of Medical or Therapy Visits

It's advisable to keep meticulous records of any visits to doctors, therapists, or other healthcare professionals related to the abuse. This includes the dates of the visits, the purpose of the visit, and the professional's findings, observations, or advice. These records can help establish a pattern of emotional distress and further corroborate your claims of abuse.

Consult with an Experienced Lawyer: Engaging with a lawyer who specializes in domestic abuse cases is a crucial step. They can provide expert guidance on how to effectively gather and present your evidence, ensuring that it is both compelling and legally sound. Their expertise can significantly increase your chances of success in the case, by ensuring that your evidence is presented in a manner that maximizes its impact and relevance. If you have any questions about a New Jersey divorce, call the Law Offices of Peter Van Aulen at (201) 887-0461 for a fee initial consultation today.