Proof of Abuse in Virginia VAWA Cases

In cases where there is not a lot of hard evidence to prove abuse in Virginia VAWA cases, like police reports or hospital records, it may be difficult to get a thorough timeline of the abuse and brainstorm together. However, there are other methods of proving abuse so the client and attorney can figure out together what methods will be used to prove their case. Establishing proof in a Virginia VAWA abuse case is incredibly important, and should only be tackled with the assistance of an experienced attorney.

Testifying in an Abuse Case

To be eligible for VAWA, the alleged victim does not have to testify against the abuser. They do not have to file a police report, or have had charges filed in criminal court to qualify. Further, sometimes a co-worker, who may have been unaware that an individual was being abused, may have noticed unusually excessive bruising, or a withdrawn demeanor from an alleged victim. While they cannot corroborate abuse, they may be able to substantiate the symptoms that the individual was displaying, which may be indicative of abuse. A letter to that effect from a co-worker is a creative method of establishing, and proving abuse in Virginia VAWA cases. Any individuals that might have been aware of the abuse can provide corroborating statements to the declaration that the individual is going to make.

Meeting the Requirements

In a lot of these cases, an individual may be able to provide supporting evidence that they did not know would be sufficient, or that they may not have known existed before talking to an attorney. In some cases, however, where the abuser isolated the alleged victim and no one else is aware of the abuse, the allegedly abused individual’s statement is extremely important.

In these cases, an attorney will always recommend that an individual talks to a therapist, so that the therapist can assess the emotional impact that the abuse had on the individual’s life. This can provide the courts with the evidence of abuse in VAWA cases. Additionally, not sharing the abuse with family and/or friends while the abuse is on-going does not prohibit them from providing evidence. The supporting letters and evidence that an attorney provides does not have to be from people that physically witnessed the abuse happen. They can explain how the individual told them about the abuse after the fact.

It is important to know that an individual claiming that they meet the documentary requirements in their declaration or on the application is not sufficient to establish the case.  It is important that an individual does not minimally address the seemingly easy requirements, like proving citizenship or the bonafide marriage prong. An individual will need to address each requirement thoroughly and separately.

Benefits of an Attorney

The VAWA application is complex, especially when an individual has limited evidence. It is also very important to evaluate the individual’s criminal and immigration history to ensure that they qualify because there are many grounds of inadmissibility. Further, applying for and getting a waiver is a separate process that is as complicated as the VAWA application process.  It is always advisable to consult with an attorney before moving forward.

Individuals are not legally prohibited from applying for VAWA on their own. Sometimes, there are outreach programs, like domestic violence shelters, with volunteers or people that have knowledge about the VAWA application process that may be able to help individuals apply on their own. However, it is almost always easier for the victim to work with an attorney when applying for VAWA, especially when the burden of proof is so high.

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