What If I Don’t Have Enough Evidence for My VAWA Case?

 

 

Applying for relief under the Violence Against Women Act (VAWA) can be challenging, especially if you feel you lack sufficient evidence to support your case. However, it’s important to know that VAWA protections cover various forms of abuse, and there are multiple ways to substantiate your claims, even if concrete evidence seems limited.

VAWA recognizes abuse in many forms, including physical, verbal, emotional, psychological, and sexual abuse.  The strongest piece of evidence we submit in support of a VAWA petition is a detailed affidavit outlining various forms of abuse. The government understands that there may not always be proof from third parties, such as police reports if the abuse is mostly emotional.  

 

hand written letter

 

Personal affidavits are crucial. Your detailed written testimony about the abuse, along with descriptions of its impact on you, can be very effective. Additionally, affidavits from friends, family members, neighbors, counselors, or social workers who witnessed the abuse or its effects on you can support your case but are not required.

Some clients provide copies of abusive emails, text messages, and social media posts from the abuser showing a pattern of abusive behavior.  Financial records showing economic control or withholding of resources, photographs of damaged property, and any other documentation that provides context to the abusive relationship are valuable. Even if these pieces of evidence do not directly show abuse, they help build a comprehensive picture of your situation. 

 

Conclusion

 

Lacking traditional evidence of physical abuse does not prevent you from filing a successful VAWA petition. The vast majority of our clients who win VAWA cases do not experience physical abuse and do not have a police report.  Our firm conducts a detailed intake with the client regarding the abuse experienced and drafts a detailed affidavit in support of the VAWA petition.  

By using a combination of personal affidavits, corroborative statements, and various forms of supporting documentation, you can demonstrate the abuse you have suffered. If you are considering a VAWA petition, please do not hesitate to contact our firm at 703-348-1663 for a consultation.  VAWA is our most-common case type.  Our goal is to support victims of abuse and help them build a more secure future in the United States.

 

10.0Pratibha Kanive Agarwal
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Agarwal Law Group

1100 H Street NW,

Suite 1220

Washington DC 20005