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Can you physically prove emotional abuse?

After years of dealing with a spouse who has psychologically tormented you, settling a divorce can leave you with anticipation and fear. While you might feel some relief that you will no longer be with someone that negatively affects your mentality, you also could worry that someone who has put you and your child through agony might get some custody and assets that they do not deserve.

While California courts do take accusations of emotional abuse into account, it can be difficult to convince them of what your spouse did. If there is physical abuse, that means there is physical evidence. With emotional abuse, you must find ways to prove it occurred rather than just tell the court about it and expect them to believe you. Despite the hardships, it is crucial to obtain material evidence of your struggles to get the most out of asset division and child custody.

Past communication

The increase in communication options also means there are more ways for your spouse to hurt you. Your spouse could threaten or insult you in a text, voicemail, email or even a post or message on social media.

As painful as some of these messages are, it is imperative that you save them without your spouse knowing about it. This is some of the best evidence you can get when proving emotional abuse in California, as you are using your spouse’s own words against them. Create a separate folder or online account where you can document all of these hurtful messages and lock it behind a secret password.

Mental health evaluation

If you suffer from emotional abuse, you should see a mental health professional as soon as you can to aid in your recovery. Their reports of your condition can serve as sufficient proof of your marital sufferings if your spouse was careful enough to avoid abusing you through cellular and electronic devices.

Your child should also have sessions with a psychologist as mental abuse at earlier ages will have long-term consequences. The court can appoint a neutral psychologist to evaluate the child and pick upon signs even when your kid refuses to speak. Your child’s testimony may be the definitive proof as it demonstrates that your spouse’s abuse extends to your entire household. Since California courts aim to serve the best interests of the child, this evidence can influence them into giving you more child custody and potentially more assets.

Parents that are looking to separate from their abusive spouse should contact a family law attorney to help them prepare their case and prove that their psychological harm was legitimate. Divorce can be financially and mentally exhausting no matter who you are separating from in California, so you need to take measures to ensure that you can have a fresh start once the marriage is over.

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The Law Offices of Oliver R. Gutierrez
600 Allerton St., Suite 200
Redwood City, CA 94063

Phone: 650-399-0962
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