Documenting Abuse (Illinois)

Inspired by the Stacy Peterson case, the evidentiary abuse affidavit (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 videotaping (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. Until now, Victims have been told:

• Report Abuse (but action is only taken if you can show evidence of the abuse)

• Go to a shelter

• Get a restraining order (but usually only granted if there is evidence of the abuse)

• Move away (leaving behind careers, family, friends, and assets)

• Stay with someone else

• Stalking laws are often weak and poorly defined

• Current responses do not always help a victim to document their situations and specifics of the abuse or the abuser. Outside of a police report or restraining order, documentation has still not occurred. In case of future serious injury, a victim goes missing or is killed, nothing exists to link them to their experiences. The Evidentiary Abuse Affidavit changes this!

“The Evidentiary Abuse Affidavit contains information that is critical to help victims’ in documenting their experiences and creating a record to ensure that instances of abuse are memorialized should they be needed for future use in the legal system” -Donna Pendergast (Donna Pendergast is the First Assistant Attorney General Office of Special Investigations in Lansing Michigan. In her career, she has successfully tried over 100 murder cases. She has been featured on such shows as 60 Minutes, Dateline NBC, True Hollywood Story, Justice and Cold Case Files) Any person who is likely to have contact with victims of domestic violence and the desire to be a point-of-contact for life-saving documentation can be trained. Law Enforcement , Victim Advocates, Attorneys and Paralegals, Therapists , Domestic Violence Agencies, Women’s Organizations, Social Service workers, Emergency Room Personnel, Public Health Nurses, 911 Responders, Court Personnel, Prosecutors/State Agencies, Private Physicians, Clergy/Religious Organizations, etc.

To learn more or reach out to Norma Peterson, please visit: What is the Evidentiary Abuse Affidavit — Document The Abuse

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