What Is An Evidentiary Abuse Affidavit?
Inspired by the Stacy Peterson case, the EAA was created to ensure that a victim's words about her fears and previous violence will not disappear if she does.
For the victim, it simply documents their history and experiences in a notarized document. If possible, it is always helpful to add any documentation, such as police/hospital reports, photos, letters, and emails, that help substantiate their experience and DNA samples. This type of Affidavit would eliminate the hearsay argument that was such a hurdle in the Kathleen Savio case. Additionally, making multiple copies will ensure that this information will find its way to law enforcement if anything should happen to the victim and they cannot testify on their own behalf.
The Evidentiary Abuse Affidavit (EAA) is the mastermind process of violence expert Susan Murphy Milano. The EAA combines video taping (of a victim's actual words attesting to the abuse) and creative witnessed and notarized legal documents that successfully satisfy the legal hurdles often faced in these cases. The unique packaging of testimony, documentation, perpetrator historical profiling, and pre-collected evidence delivered to established safe and legal persons, wrap this delicate issue up for successful prosecution.
Why prepare an Evidentiary Abuse Affidavit?
The EAA contains information that is critical to your security. Leaving an abuser is a severe issue, and it requires careful planning. Whether leaving is not an option for you at the moment, I strongly recommend you proceed with completing the Abuse Affidavit and video. The purpose of an EAA is to document your experiences in your own words and record the abuse. The Evidentiary Will and Abuse Affidavit document, signed by you and notarized by witnesses, is then placed in a secure location. Filling this EAA app out online is one way to keep it on a secure site.
If something happens to you, this information will be invaluable to the police, detectives, and the legal system, ensuring that the person responsible is arrested and ultimately charged in your case.
The advice to complete an EAA isn't intended to scare you but to protect you. Sometimes, a victim prepares to leave and unintentionally alerts the abuser. Your face is splashed across news, saying you have suddenly vanished, disappeared, or run away with another person. In many abuse cases, victims hide the information, even from the people they love. It makes it very difficult to arrest the abuser without any evidence.
Preparing an EAA is a victim's way to ensure that your experiences are being taken seriously. Again, if you feel in danger, it is essential NOT to disclose that you have seen a lawyer or have plans to leave. Use the following information if you fear for your safety or are in a bitter divorce or custody battle. Please err on the side of caution- this is your best defense weapon.
Statistics show that most victims murdered in recent years did not trust their instincts. Often leaving a letter or two for a loved one saying, "If something happens to me, it is because of my ex, boyfriend/girlfriend, husband/wife, someone with whom I broke off a relationship, threatened to kill me." In a court of law, if you are seriously injured, in a coma, or tragically killed, that evidence is hearsay, not fact. The person responsible walks free because there is no documentation to prove what had been happening to you behind closed doors.