Having tools that empower abuse victims and survivors, and hold abusers accountable, is crucial in the ongoing pursuit against intimate partner violence. One such tool is the **Evidentiary Abuse Affidavit (EAA)**. Developed by domestic violence prevention expert, Susan Murphy Milano, reviewed and endorsed by numerous legal professionals, the EAA equips victims of abuse with a powerful mechanism to document their experiences in a way that ensures their voices are heard, even if they are unable to speak for themselves. Explore the EAA's purpose, how it works, and its role in protecting victims of abuse.

Understanding the Evidentiary Abuse Affidavit (EAA)

The Evidentiary Abuse Affidavit (EAA) is a notarized legal document designed to protect victims of abuse by creating a record of the harm they have endured. It includes detailed accounts of the victim’s experiences, providing law enforcement, legal professionals, and advocates with vital information to act swiftly and effectively if the victim goes missing or is otherwise unable to advocate for themselves.

The concept of the EAA originated from recognizing the limitations victims face in the justice system, especially in cases where they may not live to testify. The EAA bridges the gap between victims and the framework of the courts by creating a legally admissible document that preserves their testimony, even if they are unable to testify in person.

It provides law enforcement and legal professionals with detailed, actionable evidence that ensures the victim’s experiences are heard and acted upon, regardless of their circumstances.

How the EAA Works

The EAA is a safeguard. Here’s how it typically works:

Creating the Affidavit
A victim can access the EAA through the web-based app at Document the Abuse, where they are guided step-by-step to complete the affidavit securely and at their own pace. While it’s not necessary to have an advocate or professional present, trained advocates are available to provide assistance if needed, ensuring the process is both accessible and supportive. This document includes details such as:

Specific incidents of abuse, including dates, locations, and descriptions.
Police and medical reports.
Names and description of the abuser(s) and any witnesses. Photos and other information about the abuser.
Any threats or patterns of coercive behavior.
Other relevant information, like financial control or property damage.

Notarization
Once the document is complete, it is signed in the presence of a notary public. This step gives the affidavit legal weight, ensuring it can be used in court or investigations. A victim can also use an online notary service by uploading their completed EAA document to a secure platform that connects them with a licensed notary. Through a video call, the notary verifies the victim’s identity, witnesses their electronic signature, and applies a digital notarization, making the document legally binding without the need for in-person interaction.

Recording a Video Statement
To reinforce the affidavit, the survivor records a video statement summarizing the details in their affidavit. This video adds a human dimension to the document, allowing the survivor’s testimony to be recorded in their own words in the event they are unable to testify in court.

Secure Storage
The EAA and the video are securely stored within the app on Document the Abuse. This ensures the documents are accessible when needed but remain confidential and protected. Copies of the affidavit can be downloaded and shared with a trusted third party, advocate, or attorney, but victims should carefully consider and ensure trustworthiness before deciding who to provide with a copy.

Activation
If the victim goes missing or is unable to speak for themselves due to incapacitation or death, the EAA can be activated through a subpoena. It provides law enforcement with actionable information and evidence to investigate the situation, potentially identifying suspects and motives early in the process.

**How the EAA Protects Victims**

The EAA offers numerous protective benefits to victims, serving as an important element in their safety plans. Here's how it works to shield them from harm and pursue justice:

Preserving Evidence

Abuse victims often struggle to have their experiences documented in a way that the legal system finds credible. Too often keeping reports and documents in an organized manner is difficult when a victim is in the middle of a volatile situation. Notebooks, and even online journals are too easy to be found by the abuser and destroyed. The EAA solves this issue by creating a sworn affidavit online, which is admissible in court, and keeping all of the information organized in a secure location. This ensures that the survivor’s testimony is not lost, even if they cannot testify in person.

Holding Abusers Accountable

Abusers rely on control and silence to maintain their power over victims. The EAA disrupts this dynamic by allowing survivors to document their testimony privately and securely. By documenting threats and patterns of behavior, the affidavit builds a case against the abuser, making it easier for law enforcement to act decisively. The EAA alleviates the victim's burden of recalling crucial details, enabling them to feel more confident and secure in their safety plan.

Increasing Survivor Safety

The mere existence of an EAA can deter further abuse. Knowing that the victim has documented their experiences may discourage abusers from escalating their behavior, as they are aware that any further actions will add to the existing evidence. It’s important to note that abusers do not need to know about the existence of the EAA, and in most cases, it should remain private to avoid escalating any further incidents. A victim of abuse should never underestimate the situation; it’s better to stay safe.

Supporting Law Enforcement

In cases where survivors go missing or are killed, investigations often hit roadblocks due to lack of information. The EAA provides law enforcement with leads, helping them understand the victim’s circumstances and the potential threats they faced. This can accelerate investigations and increase the likelihood of resolving cases.

Empowering Survivors

For survivors, creating an EAA is a step toward reclaiming their power. It allows them to tell their story on their terms, reinforcing their agency and giving them confidence that their voices will be heard, no matter what happens.

The Broader Impact of the EAA

Beyond individual cases, the EAA has far-reaching implications for how society addresses domestic abuse. It represents a shift in the way we view survivor advocacy and the justice system's role in protecting vulnerable populations.

Changing the Narrative

For too long, survivors of abuse have been marginalized, their stories dismissed or ignored. The EAA helps change this narrative by prioritizing survivors’ voices and making their experiences central to investigations and legal proceedings.

Enhancing Collaboration

The EAA encourages collaboration among law enforcement, legal professionals, and advocacy organizations. By creating a standardized process for documenting abuse, it streamlines communication and ensures that all parties have access to the same critical information.

Raising Awareness

The existence and use of the EAA raises public awareness about the challenges survivors face. It shines a light on the importance of creating safe, accessible channels for survivors to document their experiences, create a safety plan, and seek help.

Encouraging Policy Change

As the EAA gains recognition, it has the potential to influence policy changes. Legislators may be inspired to implement laws that mandate or encourage its use, further embedding it in the fabric of the justice system.

How You Can Support the EAA

If you’re an advocate, legal professional, or concerned community member, there are ways you can help promote and implement the EAA.

Learn More
Educate yourself about the EAA and its implementation. Organizations like Document The Abuse offer training and resources to help individuals and groups understand this vital tool.

Advocate for Survivors
Share information about the EAA with your network. Raising awareness can help more survivors access this resource and feel empowered to document their experiences.

Support Organizations
Donate to or volunteer with organizations that promote the EAA and other survivor-centered initiatives. Your contributions can help expand access to this life-saving tool.

Encourage Policy Adoption
Work with local officials to incorporate the EAA into standard procedures for law enforcement and the justice system. This can make the EAA more widely available and effective.

The Evidentiary Abuse Affidavit (EAA) is more than just a legal document—it’s a lifeline for survivors of abuse. By preserving their stories, protecting their rights, and holding abusers accountable, it plays a crucial role in the fight against domestic violence. As more individuals and organizations adopt the EAA, it has the potential to transform how society responds to abuse, ensuring that no survivor's voice is ever silenced.

If you or someone you know could benefit from an EAA, don’t hesitate to reach out to organizations like Document The Abuse. Together, we can create a safer world where every survivor’s story is heard, respected, and acted upon.

More information about the EAA (Evidentiary Abuse Affidavit)

Documenting Abuse: 5 Tips and Tools

About the Evidentiary Abuse Affidavit (EAA)

EAA Instructions

Training for Advocates