Forms of Abuse in Prince William County VAWA Applications
Qualifying forms of abuse in Prince William County Violence Against Women Act applications need to be defined by USCIS, as abuse that has caused the victim to suffer substantial harm either mentally, psychologically or physically. Abuse does not have to be physical abuse, but can include mental, sexual abuse as well. It is kind of a combination of all of them that causes the victim substantial harm.
Because abuse can have such severe and long-term effects, it is very important to consult a Prince William County VAWA lawyer for assistance during the application process. An experienced VAWA attorney can help with all considerations of VAWA applications.
Duration of Abuse Required
It does not have a minimum requirement, but if it is a one-time abusive situation, the bar can be a lot higher to show kind of the extremity of it in that isolated incident. Most cases of abuse are something that has built up, at least by being emotionally abused for some time for it to actually erupts into physical violence or some sort of really significant incident of emotional or psychological abuse.
The longer it has been going on, the easier it is going to be to prove harm to the victim that is going to qualify for VAWA, but if it is a one-time incident, it can also qualify but it will – but depending on the severity.
Types of Abuse
It does not need to be physical abuse, although in cases where there is physical abuse, it is easier to have a VAWA application approved because it is just easier to document and it is kind of considered to be the most serious form of abuse, physical abuse can also encompass sexual abuse, that is something that a lot of people forget about, any kind of forced or unwanted sexual contact qualifies as physical abuse. Psychological, emotional, and mental abuse can also qualify. It just depends on the kind of situation and the duration of the abuse and the context in which it occurred. It is also dependent to the vulnerability of the victim during the relationship.
It is important to distinguish between unhealthy relationships and the abusive situation because unhealthy, dysfunctional relationships are different than abusive situations, where it is a situation involving control of the abuser, maybe manipulation, any kind of force contact. Those are all things that are going to contribute to proving these claims.
Proof of Mental Abuse
The first way is through their own statement which needs to be very thoroughly documented describing every incident that they can possibly think of, of the mental abuse, and how – the harm that is inflicted upon them. And then the second thing in cases of mental abuse is going to be to submit a lot of documentary evidence in the form of affidavits from friends and family members who knew the effects of the abusive situation of the victim and also definitely, a person wants to get letters from therapists or psychiatrists.
Documentation Misconceptions
The most important thing is to understand that a person does not have to have a situation involving physical abuse in order to qualify. In a lot of times, a long-term situation of mental or emotional or psychological abuse can be more severe and can have a more severe impact on the victim than an isolated incident of physical abuse. Those cases can absolutely be approved than the others without physical abuse, but again, they need to be well documented if possible and the bar is somewhat higher if there has been physical abuse.
A person does not need to have ever called the police, filed charges, filed for a protective order, or have legal documents proving the abuse. The person’s declaration and the documents a person can collect and their own statements are sufficient and often, individuals apply for VAWA cases when somebody has never called the police and it is a very common situation because people have fear of contacting law enforcement if they are undocumented.
Benefit of an Attorney
If the person does not have too much evidence walking into the attorney’s office for the first time, attorneys can definitely help the person put together a case if the abusive situation and the rest of the criteria are there.
There are many ways a person can be abused, and each of those has its own consequences and effects. If you or someone you know is being abused, get the representation you deserve, and contact a VAWA lawyer immediately in Prince William County.
