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Emotional abuse - how can I prove it?

Anonymous Asked:

My husband withholds love from me and he excessively views pornography. He is mean to me and the kids but has never hit me. I have now 'caught' him on Web sites for meeting other women who want to have sex..some sort of 'hook up' Web sites. All of this and more has caused me great emotional distress. Is there such a thing as 'emotional' and 'mental' abuse? Or is abuse only physical? I don't want to cause the kids the pain of divorce & because I feel I would have to leave them alone with him if divorced I stay with him. It seems like wether I stay or leave I loose. He drinks & drives and over drinks so I am afraid to leave the kids alone with him for their own safety. But how do I prove any if this? He says to me... "prove it" "good luck proving that" and so I feel trapped in this very unhealthy marriage. The thing that made me feel the worst was when he told me "you are completely useless" infront of the kids. I'm more afraid to leave then I am to stay mostly because I don't trust him alone with the kids..due to the things mentioned above. If he is abusing me is he right..would I have to prove it to make sure the kids wouldn't be alone with him if divorced?

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Stuart Zukerman
8 years ago

Your questions require answers that are too lengthy for an email reply. You need to meet with a lawyer for a consultation to address these issues. Summarily though – yes the courts and the law recognizes Emotional, Verbal, Financial and Physical Abuse. If he is abusive to or in the presence of the children such that it would not be in their best interests to be left alone with him, then the court can order that his access be supervised or otherwise.

As far as “proving it” evidence in court is primarily your testimony under oath – either in person or in a sworn affidavit. The judge then “weighs” the evidence of both sides and as long as one side “tips the scales” then they have met the burden of proof “on a balance of probabilities” (which means that as long as the judge is able to decide 51%or more to 49% or less to one party’s side then he is able to make whatever orders he thinks is best.

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