Child Custody & Domestic Abuse Cases – How to Prove Your Case
By admin on Jul 12, 2008 in Child Custody & Domestic Violence
A Maryland women lost her child custody battle to keep her children away from her ex husband after he threatened to kill them. He’s now accused of killing all three children, ages 2, 4, and 6 in a bathtub.
The judge in the case said that the mother did not present enough evidence or proof of the abuse and malicious threats.
(Here’s a link to the news story – http://www.wtopnews.com/index.php?nid=25&sid=1381603 )
This happens all the time in domestic violence cases. The abuse happens behind closed doors. The threats are made out of earshot of others. To the outside world, these men can appear to be the model of a good father and husband.
If you’re in this type of situation, there are some things you can do.
- Document everything.
- Keep a journal of every encounter, every call, every time you have contact with your abuser
- Get phone records showing when he called, how often, what you discussed, etc.
- Try and secretly record his calls and conversations with him (if this is legal in your state).
- If you have any bruises or physical injuries, document them.
- If you need the police to come to your house, call 911 rather than the local department. That way there is always a record. You’d be surprised how many small town police stations don’t keep track of these or have a good ol’e boy system where the information is lost. (Believe me, I know first hand.)
Family court judges hear he said/she said allegations all day long and they hold little weight in court rulings.
Bottom line: You must have some physical evidence to produce in order for it to make a difference to the judge.



Linda B | Jan 26, 2009 | Reply
My question is what if you called the police but never pressed charges. Also would my mother be considered a good witness in court. She was in another state but when he would be beat me up and he knew it was bad he would call my mom and tell her that he was sorry and that he was going to counseling. My mom eventually helped me get out of the situation but because she is my mother would the judge think she was not telling the truth???
admin | Feb 25, 2009 | Reply
There should still be a record of the call. It won’t be as strong as if you had pressed charges but it could still help you. The same goes for your mother. Yes,the judge is going to think that she’s just on your side, but it might still help establish a pattern. The more evidence the better. Good luck!