Starting the Court Case

Each state has its own laws about what evidence you can use in court. For example, you may need to get certified copies of documents you want the judge to look at, or you may only be able to enter information from certain parts of a document. If you are trying to get reports from police, hospitals, doctors, etc., you may have to get a subpoena signed by the judge or other court personnel to get those documents. Your state may require that subpoenaed documents be sent directly to the courthouse instead of you. If you are seeking records from third parties, like a phone company or an internet service provider, there may be additional hurdles or delays because of privacy laws or company policies regarding the storage of data. Due to complex rules of evidence, it may be hard to figure all of this out on your own – this is where having the help of a lawyer can be especially helpful.

In most states, evidence can include:

• testimony in court, from you or your witnesses;
• medical reports of injuries from the abuse;
• police reports for when you or a witness called the police;
• pictures of your injuries;
• household objects torn or broken by the abuser;
• pictures of your household in disarray after an episode of domestic violence;
• pictures of weapons used by the abuser against you;
• tapes of calls you may have made to 911, which can be subpoenaed;
• certified copies of relevant criminal convictions of the abuser;
• a personal log, diary, or calendar in which you documented the abuse as it happened; and
• anything else that might help prove the abuse and that is allowed under your state’s rules of evidence.

Generally, the more evidence you have, the better. However, the evidence should be directly related to the issue that the judge is considering. For example, if you are filing for a restraining order, evidence of the abuser cheating on you likely won’t be relevant to prove s/he abused you. A good rule of thumb is to always keep in mind what you have to prove according to the law, and then to remember that your evidence only has to convince the judge that it’s “more likely than not” that the abuser did what you claim. Also, remember that even if you have no documents or witnesses, your testimony is evidence. Don’t be discouraged from pursuing your case if the “only” evidence you have is your testimony.