The Origins of the Evidentiary Abuse Affidavit

The concept of the Evidentiary Abuse Affidavit (EAA) was pioneered by Susan Murphy Milano, a nationally known advocate for victims of abuse, who dedicated her life to creating proactive solutions for those trapped in violent relationships. When the Stacy Peterson missing persons case garnered media attention in 2007, Susan was triggered by all of the red flags from her personal experiences and got to work.

Susan, who tragically lost her mother to domestic violence, understood firsthand the devastating impact of abuse. She saw critical flaws in the justice system: many victims, despite reaching out for help, were silenced by fear or, in the worst cases, by their abuser. Determined to create a way for victims’ voices to be heard and justice to be served even if they were silenced, she developed the Evidentiary Abuse Affidavit (EAA), compared by those who recognized it immediately as important as the “paperclip” for advocacy.

What Is the Evidentiary Abuse Affidavit?

The EAA is a sworn, notarized document combined with video testimony in which a victim details their history of abuse, names their abuser, and provides any supporting evidence, such as medical records, emails, or text messages. This affidavit is then stored in a secure location, with access granted to law enforcement, attorneys, or trusted advocates only in the event of the victim’s incapacitation, disappearance, or death. By creating this legally admissible document, victims of abuse could ensure their abuser would be held accountable, even if they were unable to testify themselves.

The Evolution and Adoption of the EAA

Since its introduction by Susan Murphy Milano in her 2010 book, Time’s Up!, the EAA gained significant acknowledgment and is incorporated into training programs for law enforcement, legal professionals, and advocates across the country. Initially, the EAA faced skepticism, as the legal community debated its admissibility in court. However, as awareness grew, more jurisdictions are beginning to recognize the EAA as a powerful tool in investigating domestic violence cases.

The affidavit is particularly impactful in cases where victims have gone missing or have been murdered. Their pre-recorded statements provide crucial evidence that helps potentially secure convictions and bring justice to their families. Murphy Milano’s work ensures that victims will not be forgotten, and their experiences will not be erased.

The EAA Today: Expanding Awareness and Accessibility

Today, Document The Abuse, under the directorship of Norma Peterson, continues to advance Susan Murphy Milano’s legacy by housing the EAA and promoting its use. The organization works with law enforcement, legal professionals, and advocacy groups to educate them on how to implement the EAA effectively. It has also expanded internationally, as advocates recognize its value in protecting victims’ testimony across different legal systems.

With advancements in technology, the EAA has also become more accessible. A secure online platform now allows victims to create, store, and share their affidavits more efficiently and more securely. This digital evolution ensures that victims have an added layer of security, reducing the risk of their statements being lost or destroyed.

Honoring Susan Murphy Milano’s Legacy

Susan Murphy Milano’s vision for the Evidentiary Abuse Affidavit was groundbreaking. She understood the urgency of protecting victims in a way that guaranteed their voices would never be silenced. Her relentless advocacy has saved lives and brought justice to countless individuals. Although she passed away in 2012, her legacy lives on through the continued adoption of the EAA.

As awareness of the EAA grows, more victims are empowered to take control of their safety planning and create a record of evidence that can hold their abusers accountable. Through ongoing education and advocacy, the Evidentiary Abuse Affidavit continues to be a beacon of hope for those trapped in dangerous relationships.

For those who work in law enforcement, legal fields, or advocacy, incorporating the EAA into their practices can assist them to make a life-saving difference. By supporting initiatives like Document The Abuse, everyon can play a role in affirming that victims’ voices are heard and their abusers are held accountable—just as Susan Murphy Milano intended.

The Evidentiary Abuse Affidavit stands as one of the most impactful tools in domestic violence advocacy. From its inception by Susan Murphy Milano to its widespread recognition today, it has transformed the way victims can protect themselves and seek justice. As awareness continues to grow, so too does the hope that fewer victims will suffer in silence, and more abusers will be brought to justice. Murphy Milano’s groundbreaking work remains a testament to the power of resilience, advocacy, and the unyielding fight for justice.

*Disclaimer - while Susan always acknowledged that domestic violence is not gender based and happens to men as well, she focused her work on the discriminatory practices against women and their rights.

Past articles about Susan Murphy Milano and the beginning history of her work for victims of abuse:

Chicago Tribune, Domestic Detail, October 1993

Chicago Reader, Life Saver, August 1993

Chicago Tribune, Fighting Domestic Violence, October, 1990

Video from Oprah Winfrey Show, also interview with Catherine Crier and example of EAA video testimony

More information about the EAA (Evidentiary Abuse Affidavit)

Documenting Abuse: 5 Tips and Tools

How the EAA Applies in Crawford v. Washington and the Forfeiture by Wrongdoing Clause

The EAA and How it Protects Victims of Abuse

Frequently Asked Questions (FAQ) about the EAA

Abuse: The Myths, The Truth, The Solutions