Interpreting Testimony: The Biological Context

Too often, common behaviors in litigants with a history of Domestic Violence (DV) or exposure to High-Conflict Personalities are mislabeled as "uncooperative."

1. Non-Linear or Inconsistent Recall

There is a scientific reason you may see litigants in cases with possible or alleged DV shifting timelines, difficulty recalling specific dates, or details provided out of sequence. High stress impairs the hippocampus (responsible for chronological sequencing) while activating the amygdala (responsible for sensory and emotional memory). The litigant may vividly recall what happened but struggle to place it in time. This biological fragmentation is often a marker of genuine distress rather than deception.

2. Over-Explanation or Excessive Detail

Individuals conditioned by coercive control often over-explain in a desperate effort to be believed or to avoid negative consequences. This is a survival response (fawning/appeasing) rather than an attempt to waste the Court's time. Long, unfocused answers; difficulty prioritizing relevant facts; "word salad."

 

3. Emotional Dysregulation

Dysregulation often reflects stress activation (fight/flight/freeze). A "flat" demeanor is often a freeze response, not a lack of empathy or truthfulness. Crying, agitation, flat affect (dissociation), or shutting down on the stand.

4. Avoidance or Hesitation

Reluctance to answer certain questions, long pauses, or incomplete answers may stem from conditioned fear of retaliation, prior punishment for disclosure by the abuser, or fear that disclosure will result in losing access to the child. Though the circumstances of being in court should indicate safety to the litigant, the internal experience of safety and, in turn, a change in behaviors takes time, often years, thus they may still exhibit this behavior with the restraining order and other protections in place.

Comparative Analysis: Trauma vs. Obstruction

To ensure accurate fact-finding in high-conflict cases, Courts may find it useful to:

1. Anchor findings in external records: Prioritize police reports, medical records, and digital correspondence over oral presentation style.
2. Evaluate credibility over time: Look for long-term patterns of behavior rather than isolating demeanor during a single stressful hearing.
3. Distinguish dysregulation from defiance: A litigant who cannot stop crying is likely overwhelmed; a litigant who refuses to answer is likely defiant.
4. Consider the "Primary Aggressor" dynamic: In DV cases, the victim may appear "hysterical" or "scattered" due to fear, while the primary aggressor may appear calm and collected.

* Important Limitation

This reference does not suggest that all inconsistent or emotional behavior is trauma-related, nor does it override credibility determinations. It is offered solely to assist courts in the accurate interpretation of evidence.