Abuse Using Technology

What you should do in your individual case will depend on the type of case, your state’s rules of evidence, and the type of digital evidence you have. However, here are some things you may want to consider:

• Consider what is the easiest way to get your evidence. If you can get your evidence directly through your own accounts and devices, that is the easiest way. If you have to request that a third party, such as a cell phone provider, give you the evidence you need, this can be more difficult to accomplish, so it is important to ask for that information as soon as possible. It can take a lot of time for third parties to respond to your request, and many do not keep all their data for very long. If you are looking for the content of messages, such as emails, texts, or direct messages, that you do not have access to through your own accounts, this information may be difficult to get from a third-party company because of privacy laws and company policies. It might be the case that you would need a subpoena signed by the judge to get the evidence, which can also delay how long the process takes.
• Save the evidence in a way that best protects it. You can learn more about what needs to be saved and how best to save it in our Documenting/Saving Evidence section.
• Before your hearing, it’s important to find out from the court how the judge will accept digital evidence so you can plan accordingly. For example, if your evidence is located on your cell phone in a text message, social media post, or video recording, you would want to think about how to get this evidence downloaded or printed from your phone so that the judge doesn’t have to keep your phone. You might download it onto a flash drive or memory stick, or the judge might have another preference. 
• Remember that you may also have to provide a copy of the evidence to the opposing party before your hearing. Make sure you find out from the court how many copies of the evidence you will need to provide and if they want you to label your evidence, also called “exhibits,” in a certain way. If your hearing is held remotely, you will want to ask the court if you have to submit your evidence electronically to the court ahead of the online hearing.
• Think about the testimony you plan to tell the judge and how your evidence fits with your testimony. In order to enter (“admit”) evidence in court, you will likely have to testify (“lay a foundation”) about:
  • what the evidence is; for example, “This is a screenshot of a text message conversation between me and my spouse from June 13, 2024;”
  • how you came upon that evidence or are familiar with what it is showing; for example, “I received this text message on my phone and took a screenshot of it;”
  • how the copy of the evidence you are offering in court is a “fair and accurate” representation of the evidence as you originally saw it; and
  • how you know that it is the abuser who sent the messages, posted the social media posts, etc. You can find more information about entering evidence in Is there a process to admit evidence other than testimony?

If you made a video or audio recording without the other party’s consent, please consult with a lawyer before trying to use that in court. In some states, it may not be legal for you to record a conversation if the other person doesn’t agree to the recording. You can also read more about recording laws on our website.