If there was a previous instance of strangulation, it should definitely be reported in a new court case. Strangulation is an extreme form of abuse and a key risk factor for future violence or even homicide, so courts need to be aware of any past incidents.
Why a Past Strangulation Incident Should Be Reported in a New Case
1. It Establishes a Pattern of Abuse and Control
Strangulation is rarely an isolated incident. If an abuser has done it before, it shows a history of extreme violence and coercive control. This can strengthen your case, whether it’s related to domestic abuse, custody, or another legal matter.
2. It Demonstrates an Ongoing Threat to Your Safety
Even if strangulation happened in the past, it shows the abuser is capable of life-threatening violence. Courts take this very seriously, especially in protective order cases, custody disputes, or criminal proceedings.
3. Strangulation Can Have Long-Term Health Consequences
Even if it happened months or years ago, you may still have medical, psychological, or neurological symptoms (e.g., memory issues, PTSD, difficulty swallowing). Bringing it up in court can highlight the lasting impact of the abuse.
4. It Can Influence Custody and Protection Orders
If your case involves custody, divorce, or restraining orders, reporting past strangulation can help ensure you and your children are protected. Judges may deny custody or visitation to an abuser with a history of strangulation because of the high risk of future violence.
How to Present It in Court
- Medical Evidence (If Available): Even if you didn’t seek treatment at the time, mention any medical issues you experienced afterward.
- Psychological Impact: If you suffered anxiety, PTSD, or fear related to the incident, documentation from a therapist can support your claim.
- Police Reports or Previous Legal Records: If you reported it before, bring any police reports, restraining orders, or legal documents.
- Witness Statements: If anyone knew about the incident (friends, family, neighbors), their testimony can help.
- Your Own Testimony: Even if you didn’t report it before, your statement describing what happened, how you felt, and how it affected you is still powerful evidence.
If the Previous Strangulation Was Never Reported
Even if you didn’t report it at the time, you can still bring it up now. Courts understand that victims often don’t report strangulation immediately because of fear, trauma, or threats from the abuser. The fact that you’re reporting it now shows that you are taking steps to protect yourself.
Bottom Line
A history of strangulation is critical information for the court. It can impact protective orders, custody decisions, and criminal charges. Whether or not it was reported before, it should absolutely be included in your new case.
Are you preparing for a court case where this information needs to be included? I can help you organize how to present it effectively.
