How to Prove Emotional Abuse in CA Custody Proceedings

Pleasanton CA family law attorneyAbuse comes in many forms, and unfortunately emotional abuse can and often does go under the radar. When it comes to child custody disputes and proceedings, it is critical that these behaviors from either parent or other relatives are identified and presented. As we’ve covered previously, CA family law prioritizes the safety and the well-being of a child. 

Proving emotional abuse isn’t a straightforward process however, and in today’s post we want to highlight some of the strategies as well as potential complications for flagging and proving emotional abuse inflicted on yourself and/or your children.

What is Considered Emotional Abuse in CA?

Emotional abuse can come in many forms, and it isn’t always easy or obvious to detect. Sometimes you may not even realize that certain incidents or behaviors would be considered emotional abuse. While not an exhaustive list, some examples of emotional abuse include: 

  • Verbal assault such as berating a child or partner, using cruel words to hurt or demean them, violent or aggressive words, threats and verbal intimidation, and more. 
  • Neglect and rejection of a child or his/her needs are a form of emotional abuse, as are deliberate attempts to ignore or reject one’s partner in order to subjugate or maintain control.
  • Isolating a child or partner can include attempts to cut them off from other relatives or existing support networks. Confining a child physically is a form of emotional abuse.
  • Exploiting a child and getting him/her in the middle of an argument for personal gain are forms of abuse. Unfortunately, it’s not uncommon for a vindictive parent to try to weaponize a child against the other party via threats, promises, and manipulation. 

Proving Emotional Abuse in Court Can be an Uphill Battle

Identifying emotional abuse can be challenging enough, and having concrete clear evidence is even harder. Unless you have clear footage, text evidence, or other forms of hard evidence handy, you may find yourself in a he said/she said situation. In these cases, you need to come equipped with as much support evidence as you can gather. You’ll also want to consult with a knowledgeable family law attorney, someone who can help you formulate a strategy that best protects you and your loved ones.

Consult With a Family Law Attorney Today

At the Law Offices of James P. White, we’ve provided our clients with effective and trustworthy legal guidance on all matters relating to divorce and family law in CA. We provide free initial consultations.