How to Prove Emotional Abuse In Family Court: What You Need To Know

Here's why it's likely not worth the risk to try to prove emotional abuse in family court.

Naturally, your instinct is to bring up emotional abuse to protect your children. However, in family court, you need to make strategy your top priority. If you’re considering how to prove emotional abuse in family court, here’s what you need to know.

If you’re currently in a custody battle with an abusive man, you need support. Attend our safe Betrayal Trauma Recovery Group Sessions TODAY.

Trying To Prove Emotional Abuse Will Put Your Kids At Risk

Family court systems, unfortunately, don’t work the way anyone thinks they should.

Proving emotional abuse in family court can be really hard and might even make things worse. Even if you have proof, the court might think you’re just trying to get back at your husband or ex.

The abuser might also accuse you of making the kids think he’s a bad parent, even if it’s true. This can make the court think you’re the one causing problems, even when you’re not.

Emotional Abuse Survivor Stories

Studies show that some men use “parental alienation” claims against moms who are trying to protect their kids in custody cases. This magical phrase makes court professionals dismiss evidence of abuse.

Anytime a woman brings up emotional abuse in a custody case, she risks losing custody or reducing her credibility in the courtroom.

Be Strategic – Out Of Court

Emotional abuse is a serious issue, but talking about it in court will likely hurt your case. Instead, remember that the abuser will purposefully use your children to upset you, create problems, and keep in contact with you longer.

Instead of centering your legal strategy on proving abuse, consider these actionable steps to prioritize your children’s safety and well-being:

1. Learn More About Emotional Abuse

You’ll need to know what you’re facing when it comes to the insideious ways these types of abusers can harm you. To learn more, take our test for emotional abuse to discover if he uses all 19 abuse tactics.

To hear other women’s stories about what happened in family court when they tried to prove emotional abuse, listen to The FREE podcast about emotional abuse.

2. Only Communicate With Him Through A Parenting App

To keep a detailed record of the abuser’s interactions with you, block him on your phone and only interact with him through parenting app, like Our Family Wizard that keeps all the evidence organized for you.

Privately note incidents of emotional abuse, including dates, times, and specific actions or comments. You’ll see the emotional abuse clearly, which will help you understand how to avoid it.

3. Learn Communication Strategies

Emotional abusers use communication to harm others. To learn practical, tested strategies for communicating with emotional abusers in custody battles, enroll in The Living Free Workshop.

These strategies will help you avoid using emotionally charged language in court documents or proceedings.

Focus on what’s best for the kids, while avoiding talking about how he’s emotionally abusive. It’s not fair, and it’s not right. But it’s too risky since women who bring up their husband’s abuse are 40% more likely to lose custody.

An emotional abuser will do hurtful things to make you upset on purpose. They want you to look frustrated and upset in court (and who wouldn’t be?)

Remaining calm, composed, and professional during hearings is key, but very hard when they’re doing everything they can to cause you pain.

4. Other Steps To Protect Yourself From His Emotional Abuse

While the court battle may focus on your children, your well-being is crucial too.

If you think the abuse might get worse or could put your kids in danger, you might want to ask for a protective order. Talk to a lawyer to get advice, since the rules depend on where you live and what’s happening in your situation.

Emotional abuse leaves long-lasting scars, and dealing with an abuser in legal settings will be triggering. Avoid going to court at all costs and prioritize settling out of court as quickly as possible. The Living Free Workshop will help you know what steps to take to beat him strategically out of court.

Additional Tips When He’s Emotionally Abusive

  • Stay Consistent: Emotional abusers often try to twist the narrative and paint you as the problem. Consistency in your story and evidence is your strongest defense.
  • Get The Right Support: If you’ve going through this, you need support. The Coaches at Betrayal Trauma Recovery are certified divorce coaches and can offer emotional support through the difficult process.
  • Learn About Post-Separation Abuse: Emotional abusers often use legal processes to continue to maintain contact. Stay alert to tactics such as smear campaigns, false accusations, or excessive legal battles.

Why Preparing For His Emotional Abuse In Court Matters

Divorcing an emotionally abusive man and protecting your children is a heavy burden to carry, but you don’t have to face it alone. We’re here for you.

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2 Comments

  1. I can’t believe how much I needed to hear this. In a way, it’s too hard to hear, like I’m sure it is for most. I don’t know how to be strong enough to move forward with this, but I really appreciate your courage and encouragement and I hope that I can get there. It was an answer to my prayers that I ran into you and you shared with me what you are doing. I just didn’t realize that was the answer until listening to this initial podcast. Now I guess I should pray for the strength to continue with it.

    Reply
  2. Protecting my son from his father’s emotional abuse is one of my highest concerns. I know I cannot control and protect him from being exposed to the awful things my ex husband exposes him too at some point in his life but I hope to arm him with the tools to know what to do when he does see it. I also know the best thing I can do for him now is to work on myself and become healthy. I have many unhealthy mindsets about myself that have caused unhealthy actions. I am working to change that one day at a time.

    Reply

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