Evidence & Documentation – U.S. Legal Basics
A public-information guide on what evidence can support domestic violence cases, how to document safely, and what U.S. courts consider.
Evidence Overview
What Counts as Evidence
Evidence can take many forms and serves to support accounts of abuse or violence. This includes physical items, written or digital communications, recorded audio or video, photographs, and statements from witnesses.
Examples include documented injuries, threatening messages, screenshots of abusive texts, financial records, and logs of incidents. Collecting clear, organized evidence is an important step in protecting your safety and supporting your case in legal or service settings.
Documentation Tips
When documenting abuse or incidents, prioritize safety and confidentiality. Use a dedicated notebook or secure digital app to record details such as dates, times, descriptions of events, and any witnesses present.
Photographs should be dated and taken in good lighting if possible. Keep backups of digital evidence in secure locations, and be mindful of the risks when saving or sharing files on devices or platforms that the abuser might access.
Medical Evidence
Medical records can be critical evidence. This includes hospital or clinic visit notes, photographs of injuries taken by medical professionals, and psychological or counseling evaluations.
If seeking medical care, inform providers of the abuse so they can document injuries and offer appropriate support. Obtaining copies of medical records may require formal requests, and you can find guidance on this process at DV Support.
Digital Safety Considerations
Technology can aid documentation but also pose risks. Use encrypted apps and secure devices to store evidence. Avoid sharing sensitive information through insecure channels.
Regularly clear browsing history and be aware that abusers may monitor online activity or devices. Digital evidence, such as texts, emails, or social media interactions, should be saved carefully with timestamps and context preserved.
Police Reports & Third-Party Documentation
Police reports, affidavits, and statements from witnesses or service providers add weight to evidence collections. If safe and appropriate, consider filing a report after incidents.
Other helpful third-party documentation can come from counselors, advocates, or community members who have observed abuse or its effects.
State Variations: Encourage Checking Specific Laws
Evidence requirements and protections vary by state. Laws about admissible documentation in court, confidentiality, and privacy rights can differ significantly. For the most accurate and current information relevant to your location, always check your specific state laws and resources.