Evidence in California Domestic Violence and Family Court Cases
Practical guidance for survivors in California about documenting abuse and presenting evidence.
Evidence for California Domestic Violence–Related Cases
Important Safety Note
This information is general, not legal advice. Laws and court processes can change and may be applied differently depending on the details of a situation. When possible, consider speaking with a California lawyer or a legal aid clinic about your specific circumstances.
What “Evidence” Can Mean in Domestic Violence–Related Cases
In California, “evidence” is any information that might help a court understand what has been happening in a relationship. Evidence can support requests for:
- Domestic violence restraining orders
- Criminal charges related to abuse
- Custody, parenting time, and visitation orders
Not every situation will have all types of evidence. Courts often understand that many people experiencing abuse do not or cannot report to police, seek medical care, or tell others right away.
Helpful Types of Evidence
1. Photos and Videos
Photos and videos can sometimes help show:
- Injuries (for example, bruises, cuts, swelling)
- Damage to property or the home
- Broken items, holes in walls, or other signs of violence or threats
When taking or storing photos or videos, safety is the priority. Consider whether the person causing harm checks your phone, cloud accounts, or camera.
If taking photos or videos could lead to more danger, it may be safer not to create them or to ask a trusted person to help store them securely.
2. Text Messages, Chats, and Emails
Written communications can sometimes show:
- Threats, intimidation, or harassment
- Apologies or admissions after an incident
- Attempts to control, isolate, or stalk
- Patterns over time (for example, cycles of threats and apologies)
Useful steps may include:
- Taking screenshots with visible dates and phone numbers or usernames
- Saving messages in a separate folder or exporting chat histories
- Printing copies when it is safe to do so
If the other person has access to your devices or accounts, consider sending copies of important messages to a safe email account or trusted person instead of keeping them on a shared device.
3. Social Media Posts and Direct Messages
Social media evidence can include:
- Threatening or harassing posts, comments, or DMs
- Posts that show stalking or monitoring
- Public admissions or statements about incidents
Because posts can be deleted, time can matter. Screenshots or printed copies that show the date, platform, and usernames may be helpful.
4. Medical Records and Health Notes
Medical records sometimes document:
- Physical injuries and when they occurred
- Descriptions of how an injury happened, if shared with a provider
- Ongoing pain, anxiety, or other health impacts
These can come from:
- Hospitals and emergency rooms
- Clinics, walk-in centres, and family doctors
- Specialists, such as orthopedists or neurologists
Getting copies of medical records may require filling out request forms and can take time. If it feels safe, you can ask the clinic or hospital about how to request records for legal purposes.
5. Therapist, Counsellor, or Doctor Notes
Notes from mental health professionals or other doctors may describe:
- Reports of abuse or threats that were shared in appointments
- Impacts on sleep, mood, concentration, or functioning
- Safety concerns you discussed
In California, there are rules about privacy and privilege for therapy and medical records. In some cases, records may be protected or only partially shared. A lawyer can explain how these rules might apply in a specific case.
6. Police Reports and 911 Records
Police-related documents can include:
- Incident or arrest reports
- Records of 911 calls (including time and date)
- Officer notes or photos taken at the scene
Even if charges were never filed, a record that police were called can still be relevant in some legal processes.
Requesting police records often involves contacting the police department or records office where the report was made. There may be fees or waiting times.
Keeping an Incident Log
An incident log is a private record that lists events over time. It can help with memory and timelines later, especially if court processes take months or longer.
What to Include in an Incident Log
- Date and approximate time of each incident
- Location (for example, home, parking lot, work)
- Short description of what happened, in your own words
- Whether any injuries, property damage, or threats occurred
- Who, if anyone, witnessed the incident
- Whether police, medical, or other help was involved
The log can be kept:
- In a notebook stored in a safe place
- In a password-protected digital document or secure app
- By sending dated emails to a safe email account, if this is secure
If the person causing harm has access to your phone, computer, or home, consider whether keeping a written or digital log could increase danger. In some cases it might be safer to share incidents verbally with a trusted support person instead.
Storing Evidence in Safer Ways
Evidence is only helpful if it does not put you at more risk. Some options people consider include:
- Using a secure email account with a strong password that the other person does not know
- Storing copies with a trusted friend, family member, or support worker
- Keeping printouts in a safe place outside the home, if possible
- Backing up files to a secure cloud service that does not auto-sync to shared devices
It may help to regularly move new screenshots, photos, or documents into a safer storage location, and delete them from devices the other person might check.
For additional ideas on staying safer when using phones, computers, and social media, you can review guidance similar to what is often found on digital safety resources or ask a legal or support worker for practical suggestions.
How Evidence May Be Used in California Domestic Violence Restraining Order Hearings
In California, a person can ask the court for a domestic violence restraining order (DVRO). Evidence may be used to support the request, but the exact process can vary by court and judge.
Examples of Evidence in DVRO Hearings
- Photos of injuries or property damage
- Text messages, emails, or social media posts showing threats or harassment
- Medical or therapy records that mention abuse or fear
- Police reports or 911 call records
- Witness statements or declarations from people who saw or heard incidents
- Your own written declaration describing what has happened
Courts may look at patterns over time, not just a single incident. Even if there are no police reports or medical records, your own sworn statement can be important evidence in a DVRO case.
A legal aid office or domestic violence legal clinic in California can often provide more specific information about what a particular court usually accepts and how to submit documents safely.
How Evidence May Be Used in Criminal Cases
If police or prosecutors in California bring criminal charges related to domestic violence, evidence is generally handled by the state, not by the survivor alone. However, information you have may still matter.
Possible Uses of Evidence in Criminal Cases
- Police may collect and preserve photos, messages, and physical evidence.
- Prosecutors may use medical and police records to support charges.
- Recorded threats, where legally obtained, may be reviewed.
- Witness testimony, including yours, can help explain what happened.
If you have evidence that has not yet been shared with law enforcement, you can ask a victim services worker, advocate, or lawyer about safe ways to provide it and what risks or impacts that could have.
How Evidence May Be Used in Custody and Parenting Proceedings
In California family court, evidence of domestic violence can affect decisions about:
- Legal custody (decision-making power for children)
- Physical custody (where children live)
- Parenting time and visitation conditions
The court’s main focus is usually the child’s best interests and safety. Evidence that may be considered includes:
- Restraining orders or police reports involving the children or the home
- Medical or counselling records for you or the children, where permitted
- Documentation of threats, stalking, or controlling behaviour
- School records that show changes in behaviour, attendance, or performance
Sharing information about children’s health or counselling can have privacy implications. If possible, talk with a lawyer or legal clinic about what should or should not be provided to the court.
Caution About Secret Audio or Video Recordings
Recording laws are complex, and secretly recording someone can create serious legal risks.
Key Cautions
- California has strict rules about recording private conversations and calls. In many situations, everyone involved must consent to being recorded.
- Secret audio or video recordings could, in some circumstances, lead to criminal charges or make the recording unusable in court.
- Recording inside a home or private place may raise additional privacy issues.
Because of these risks, it is important not to rely on assumptions about what is allowed.
Before making any secret audio or video recordings, consider asking a California lawyer, legal aid clinic, or duty counsel about the law in your situation. If this is not possible, it may be safer not to record.
Organizing Documents for Meetings with Lawyers and Court
Being organized can make legal appointments and court dates less stressful and can help professionals understand your situation more quickly.
Creating a Simple Evidence Folder
When safe to do so, you might:
- Use a physical folder or binder with sections such as:
- Incident log
- Photos and screenshots (with dates written on the back or labels)
- Messages and emails (printed or clearly organized by date)
- Medical and counselling records
- Police and court documents
- Or create digital folders with clear names (for example, “2024_texts”, “medical_records”).
Preparing for a Lawyer or Legal Clinic Meeting
To use your time with a lawyer effectively, you could bring or prepare:
- A short summary of major incidents (dates, what happened, and who was present)
- Your incident log, if you have one
- Copies (not originals, if possible) of key documents
- A list of questions you want to ask, such as:
- “Which of these documents are most important for my case?”
- “How should I label and submit evidence to the court?”
- “Are there any documents I should not share yet for safety or privacy reasons?”
Organizing for Court
For a court hearing, some people find it helpful to:
- Prepare a simple timeline (for example, one page listing key dates and events)
- Number or label documents so you can find them quickly if asked
- Keep originals and copies separate if possible
- Arrive early to talk with a duty counsel lawyer, court staff, or a support worker, when available
Courts can be busy and confusing. It is common to feel unsure about procedures. Court clerks, victim services workers, and legal aid clinics can often explain basic steps, but they cannot always give legal advice.
Support and Further Information
If you are considering legal steps or trying to understand your options, local legal aid offices, domestic violence support organizations, and community clinics in California may offer information, help with forms, or referrals. Some national directories list hotlines and legal resources; additional support options can also be found through services listed at https://www.dv.support.