Even if the strangulation incident happened in the past, it is one of the most serious warning signs of future violence. Courts take prior strangulation very seriously because studies have shown that if someone has been strangled by their partner, they are up to 750% more likely to be killed by them later.
Strangulation is different from other forms of abuse because it shows an intention to control, dominate, and potentially kill. Even if the abuser later apologizes or claims it was a “one-time” event, research shows that people who strangle their partners are more likely to escalate their violence in the future.
Why Courts Take Past Strangulation Seriously in New Cases
- It shows that the abuser is capable of life-threatening violence.
- It is a major predictor of future homicide or severe injury.
- It demonstrates that the victim is still in danger, even if the abuser is no longer physically violent.
- It can impact custody cases, as courts are unlikely to grant custody or unsupervised visitation to a parent with a history of strangulation.
- It supports protective orders, as it shows an ongoing risk.
How to Include Strangulation Incidents in a New Court Case
Even if the incident happened months or years ago, it is still valid and relevant in a legal case today. Here’s how to include it effectively:
1. In Your Personal Statement or Testimony
When making a statement in court or submitting a written declaration, be specific about the strangulation incident. Include details like:
- What happened (describe the attack clearly, e.g., “He put both hands around my neck and squeezed so hard I couldn’t breathe. I felt like I was going to die.”)
- How long it lasted (strangulation that lasts even a few seconds can cause permanent damage)
- What you felt physically and emotionally (e.g., dizziness, passing out, fear, trauma)
- What happened afterward (e.g., difficulty swallowing, sore throat, headaches, memory problems)
If the abuser threatened you during or after the strangulation, include that too—it shows ongoing coercive control.
2. Using Medical Evidence (If Available)
Even if you didn’t seek medical help at the time, symptoms like dizziness, difficulty swallowing, or memory loss could still be relevant. If you experienced long-term effects, a doctor or therapist’s report can support your case.
3. Bringing Up Prior Police Reports or Protective Orders
If you previously reported the strangulation to the police, requested a restraining order, or sought legal help, include that documentation. If you didn’t report it then, explain why—many victims don’t report strangulation due to fear or trauma.
4. Witness Statements
If anyone knew about the incident—whether they saw it happen or you told them about it afterward—ask them to write a statement. Witnesses can be friends, family, neighbors, or even coworkers who noticed bruises or changes in your behavior.
Including Drills to Demonstrate Ongoing Threat
If you are preparing for court and want to demonstrate that you are still at risk, you can document safety drills you have had to do as a result of the abuse. This can be powerful evidence in a court case, especially in:
- Protective order hearings
- Custody cases (showing you need to protect yourself and your children)
- Criminal trials
What Are Safety Drills?
A safety drill is a pre-planned response to danger—just like a fire drill, but for escaping or protecting yourself from an abuser. It shows the court that:
- You take the abuser’s past violence seriously.
- You are still afraid for your safety.
- You have had to take active measures to protect yourself.
Examples of Safety Drills You Can Document
- Teaching children what to do in an emergency (e.g., how to call 911, where to hide if the abuser comes back)
- Keeping an escape bag ready with important documents in case you need to flee
- Practicing a quick exit plan (e.g., which doors to use, where to go for help)
- Installing security measures (e.g., cameras, locks, alarms)
- Working with a domestic violence advocate or shelter
How to Present Drills in Court
You can include safety drills in your testimony, legal statements, or supporting documents:
- Explain why you felt the need to create a safety plan. Example:”After he strangled me, I was terrified he would come back and try to kill me. I worked with a domestic violence shelter to create an emergency plan, and I’ve had to teach my children what to do if he tries to get into the house.”
- Describe any official safety planning you have done (e.g., working with a counselor, police, or shelter).
- Include documentation (if you have emails, text messages, or notes from safety planning sessions).
Final Thoughts
Past strangulation is one of the strongest warning signs of future lethal violence—which is why it should absolutely be reported in a new court case. It establishes the abuser’s pattern of control, extreme violence, and ongoing danger, which can impact everything from protective orders to custody decisions.
