If you are going through a divorce and there is domestic abuse involved, it is crucial to provide your lawyer with as much evidence as possible to protect yourself, your rights, and any children involved. Evidence of abuse can be pivotal in matters such as child custody, restraining orders, and financial settlements.

Here is the type of evidence that can support your case when domestic abuse is a factor:

1. Police Reports

• Incident Reports: If you or someone else called the police regarding a domestic violence incident, the police reports can serve as key evidence.
• Arrest Records: If your spouse has been arrested for domestic violence or related offenses, your lawyer will need these records.
• Restraining Orders: Copies of any protective orders, temporary or permanent, that have been issued against your spouse.

2. Medical Records

• Doctor or Hospital Visits: Medical records documenting any injuries you sustained from abuse, such as bruises, fractures, or other physical harm, can provide powerful evidence.
• Mental Health Records: If you have sought therapy or counseling as a result of emotional or psychological abuse, these records can also support your case.

3. Photographic Evidence

• Injury Photos: Take photos of any visible injuries or property damage caused by the abuse.
• Property Damage: If your spouse has destroyed household items, taken photos of the damage can show the extent of the violence.

4. Witness Statements

• Family or Friends: If anyone has witnessed the abuse or seen your injuries after the fact, their statements may be used as evidence.
• Neighbors or Colleagues: Neighbors who may have heard or seen altercations, or colleagues who noticed signs of abuse, can also provide valuable testimony.

5. Text Messages and Emails

• Threatening Communications: Save any emails, text messages, or social media messages where your spouse threatens you, admits to abusive behavior, or exhibits controlling behavior.
• Pattern of Control: Any evidence that shows a pattern of emotional manipulation, stalking, or intimidation.

6. Journal or Diary Entries

• Written Accounts: If you have been keeping a journal or diary of the abuse, documenting the dates, times, and descriptions of each incident, this can serve as evidence to establish a pattern of behavior.

7. Audio or Video Recordings

• Recorded Threats or Abuse: In some jurisdictions, audio or video recordings of verbal abuse or threats may be admissible in court. Be sure to consult with your lawyer about the legality of recording without your spouse’s knowledge, as this varies by state.

8. Children’s School or Medical Records

• Impact on Children: If your children have been affected by the abuse, their medical records, therapist notes, or school reports showing behavioral changes or distress can be critical.
• Statements from Childcare Providers: Teachers, counselors, or babysitters who have witnessed concerning behavior or heard disclosures from the children can provide testimony.

9. Financial Abuse Evidence

• Control of Finances: Evidence of financial abuse, such as limiting your access to money, monitoring your spending, or cutting you off from joint accounts, can be important. Bank statements showing unusual withdrawals or transactions can support these claims.
• Isolation Tactics: If your spouse has prevented you from working or accessing financial resources, provide documentation showing this, such as job applications, communication with potential employers, or records showing lost job opportunities.

10. Social Media Posts

• Public Admission: If your spouse has posted anything incriminating on social media, such as threats, admissions of abusive behavior, or photos of violent incidents, this can be used as evidence.
• Cyber Harassment: Any online stalking, harassment, or abusive messages sent through social media should be documented and provided to your lawyer.

11. Testimony from Therapists or Counselors

• Mental Health Professionals: If you have been in therapy due to the abuse, your therapist may be able to provide testimony or submit written statements that speak to the emotional harm you’ve suffered.

12. Emergency Shelter or Advocacy Group Records

• Records from Shelters: If you have stayed at a domestic violence shelter or sought assistance from an advocacy group, your records from those services can support your case.
• Advocate Statements: Domestic violence advocates who have helped you with safety planning or provided support can also give testimony about the abuse and its impact on you.

13. Child Protective Services Reports

• CPS Involvement: If child protective services (CPS) has been involved due to concerns about your children’s safety, their reports and findings will be relevant to your case.

14. Previous Court Proceedings

• Prior Divorce or Custody Cases: If there have been prior family court proceedings where domestic violence was addressed, these records can provide historical context.
• Protective Orders for Others: If your spouse has a history of abuse in prior relationships and protective orders have been issued, this can also be relevant evidence.

15. Workplace Documentation

• Employer Documentation: If your spouse’s abuse has affected your ability to work, such as missed workdays due to injury or emotional distress, you can provide documentation from your employer.

By gathering and providing this evidence, your lawyer can build a stronger case to protect you and your children during the divorce process. Additionally, this evidence can help secure restraining orders, temporary child custody orders, and support claims for spousal support if financial abuse was part of the relationship. Always make sure to prioritize your safety while collecting evidence, and seek immediate legal or advocacy assistance if you feel you are in danger.