Buzzwords: Why Using them in Court Can Hurt your Case
Using buzzwords in court might seem like a savvy strategy, but are they actually undermining your case? The wrong terminology can be perceived as vague or insincere to judges and juries. The last thing you want to do is detract from the substance of your arguments or make your case appear less credible! Instead, focus on clear, precise language and well-supported evidence and avoid the following phrases:
PTSD, OCD, Depression, or other Clinical Terminology
Unless you are a mental health or medical professional who is qualified to make a diagnosis, the court is not going to be interested in your opinions on these issues. Clinical terms such as PTSD (post-traumatic stress disorder), OCD (obsessive-compulsive disorder), and depression should be avoided. Without medical evidence, they may come across as name-calling or exaggerations. You will be far better served by describing the actual actions and behaviors of the other party that are concerning to you. However, if there has been a formal diagnosis from a medical or mental health professional, you should discuss the best strategy with your legal team.
Narcissist or Gaslighting
I often hear clients refer to the opposing party (their spouse, the other parent of their child, etc.) or the opposing party's new spouse or dating partner as a narcissist. This is frequently combined with accusations of gaslighting. Despite its common use online these days, narcissist is actually a clinical term with a very specific definition. It falls into the same category as the previously discussed clinical terms and shouldn’t be used. The term gaslighting should also be avoided, but for a somewhat different reason. This is a term that does not have a legal definition in North Carolina, and it's a term that can mean very different things to different people. To the extent there is a correct use of this term, most non-professionals do not use it correctly.
Basically anything from a self-help book…
Learning about terms like triggering, traumatizing, love-bombing, toxic, grooming, antisocial, enmeshment, and trauma-bonding can be incredibly empowering and important to your recovery. I encourage my clients to listen to podcasts, read books, or talk to therapists about any of these. If you feel that any of these topics are relevant to your case, discuss with your lawyer whether having a mental health expert provide an evaluation or testimony may be helpful. However, leave them out of your own courtroom conversations. They won’t help your credibility, and they might even hurt your case.
Overall, it's best to keep it simple in court. Describe the actual actions and behaviors concerning you, and stick to concrete details. Document any negative behaviors and explain how they affect your children. The focus of a child custody case will be on the child's safety and well-being, and the mental health of the parents generally is less important than the impact the parents’ behavior might be having directly on the child. The court will consider many factors that could affect a child's physical health, emotional development, and overall happiness. Legal guidance from an experienced attorney is crucial when dealing with custody issues involving mental health.
About the Author:
David M. Hudson is a NC Board Certified Specialist in Family Law. David enjoys getting to know new clients and learning the particulars of their individual circumstances so that he can better understand what they want and need from him. Maintaining close relationships and regular communication with his clients is key to David’s practice. David collaborates with his clients in goal setting and then works cooperatively with the clients to achieve the goals set.
Disclaimer: All information provided herein is for informational purposes only, and nothing should be taken as legal advice or opinion. All information relates to North Carolina law only. Family law can differ significantly from state to state.