How do I present evidence?
Excerpt from the new Luke’s Place toolkit for women: The Law and Parenting Arrangements after Separation
Most of your evidence will be in the form of written affidavits. An affidavit is a written legal document that the person writing and signing promises is a truthful account.
Just like when you swear an oath or affirm to tell the truth in court, when you or any of your witnesses write an affidavit, that person swears or affirms that the contents are true to the best of their knowledge.
Create a picture in the judge’s mind
Present evidence in a way that helps the judge see the full picture. It is not enough to simply say that your partner was abusing you; you need to provide specific examples, with details.
Your case will be stronger if you show the court what things were like both during the relationship and since you and your partner separated, as well as how your partner’s abuse has affected your plans for the future. Provide the court with a brief chronology of the abuse.
It is important to connect your partner’s abuse to the issues you want the court to decide: parenting arrangements, financial and property issues, safety concerns. In parenting cases, be sure to tie evidence of abuse to what is best for the children.
With respect to parenting time, for example, present evidence about how the abuse affects your partner’s parenting (e.g. he is so aggressive with you that he scares the children), your ability to co-parent and how it affects the children and explain why this means you are the more appropriate primary parent. Always tie what happened to you to what is best for the children.
Show the steps you are taking to meet your children’s needs
Present evidence that shows how you have cared for yourself and helped your children cope. Include information about your positive parenting and the impact of that on your children. If you were the one who picked them up from school, took them to doctor’s appointments, went to parent-teacher interviews, show this positive evidence to the court.
Present a balanced picture of your ex-partner
Don’t be unnecessarily critical about your ex-partner. Avoid name-calling and full-scale character assassination. Your story will resonate more strongly with the court if you let the facts about what he has done speak for themselves. If you paint an entirely negative picture of your ex-partner, the court may see you as vindictive and dismiss all of your evidence as not credible.
Review
Have a look again at your evidence: does it help prove your claim? Remember, you just need to make the judge understand that your story is more probable than not.
However, the judge in your case may not understand trauma or the nature of intimate partner abuse. Finding a lawyer who understands the nature of violence against women or working with a Family Court Support Worker or women’s advocate can help you describe your partner’s abuse in a way that protects your safety and helps the court understand the gravity of your claims.