Gathering Evidence for Domestic Violence Cases in California

Collecting and preserving evidence is a vital step for anyone involved in domestic violence-related cases in California. Whether you are seeking protection through a restraining order, working through custody proceedings, or involved in a criminal case, clear and reliable evidence can strengthen your case and help the court understand your situation.

Types of Helpful Evidence

• Photographs and videos: Images of injuries, property damage, or the environment where incidents occurred.
• Messages, emails, and social media: Text conversations, posts, or emails that show threats, harassment, or abuse.
• Medical records and therapist or doctor notes: Documentation of injuries or emotional trauma from healthcare providers.
• Police reports: Official records of incidents reported to law enforcement.

Keeping an Incident Log and Storing Evidence Safely

Maintaining a detailed incident log can provide a clear timeline and context. Note dates, times, locations, what happened, and any witnesses. Store digital evidence on password-protected devices or secure cloud storage, and keep physical records locked in a safe place only accessible to you or trusted individuals.

Use of Evidence in Various Legal Settings

In California, evidence plays different but important roles in:

• Restraining order hearings: Demonstrating patterns of abuse or threats to justify protective measures.
• Criminal cases: Supporting prosecution or defense regarding allegations of domestic violence.
• Custody proceedings: Helping the court assess the safety and best interests of children involved.

Important Caution on Audio and Video Recordings

California’s laws around recording conversations or videos without consent are complex and can carry legal risks. Before making any secret audio or video recordings, survivors should consult with a qualified attorney to understand the implications and ensure protections are not inadvertently compromised.

Organizing Documents for Legal Meetings and Court

When preparing for meetings with lawyers or court appearances, organize your evidence clearly. Consider using labeled folders or binders, create summaries or timelines, and bring copies of all relevant documents. Clear organization helps your legal team understand your case quickly and advocate effectively on your behalf.

For additional support and resources related to domestic violence, you can visit dv.support.