Evidence in Delaware Domestic Violence and PFA Cases

Guidance on documenting abuse and preparing evidence for Delaware PFA, criminal, and custody matters.

Evidence in Delaware Domestic Violence Cases

Understanding Evidence in Delaware

Evidence can help courts, police, and other decision-makers understand what has been happening in a relationship. In Delaware, evidence may be used in different types of cases, including Protection From Abuse (PFA) orders, criminal charges, and custody or visitation cases.

Common Types of Useful Evidence

Not every person will have all of these. Even a small amount of evidence may still be helpful. Safety is more important than collecting proof.

Texts, Messaging Apps, and Emails

• Threatening or harassing text messages
• Emails that show threats, control, stalking, or admissions of harm
• Messages where the other person apologizes, admits to violence, or promises it will not happen again
• Messages where the person tries to control where you go, who you see, or what you do

It can be useful to keep:

• Screenshots of messages, including the date, time, and phone number or username
• Printouts or saved copies of emails with headers showing when they were sent

Call Logs and Voicemails

• Call logs showing repeated calls, late-night calls, or calls after you asked the person to stop
• Voicemails that contain threats, intimidation, or harassment

Try to preserve the original call logs on your device or phone bill if it is safe to do so. Written summaries of what was said and when can also help you remember details later.

Photos of Injuries

• Photos of bruises, cuts, swelling, or other visible injuries
• Photos taken on different days if injuries change over time (for example, as bruises darken or fade)
• Photos that include a date display if your device allows it, or a note documenting the date and time the photo was taken

Where possible, note who took each photo, when, and under what lighting conditions.

Photos of Property Damage

• Broken doors, windows, or furniture
• Holes in walls or damaged household items
• Destroyed phones, clothing, or personal items

Try to take photos from multiple angles, and consider including something in the photo for scale (like a coin or ruler) if it is safe.

Police Reports and Related Records

• Copies of police reports from any incidents you reported
• Incident numbers or case numbers if you do not have a full report
• Any paperwork given to you by officers at the scene

In Delaware, there may be processes to request police records. Access can depend on the type of case and whether it is still open. A legal professional or advocate may help explain your options for requesting records.

Medical and Health Records

• Emergency room or urgent care records after an incident
• Doctor, nurse, or clinic notes about injuries or stress related to abuse
• Discharge summaries, imaging reports, or lab results related to injuries

These records can sometimes show the date of the injury, your description of what happened, and the health provider’s observations.

Other Helpful Evidence

• Witness statements from people who saw injuries, heard threats, or observed controlling behavior
• Work or school records that show absences, performance changes, or security incidents
• Screenshots of social media posts, messages, or threats
• Journal notes or a log of incidents with dates and short descriptions

Safety Strategies for Collecting and Storing Evidence

Collecting and keeping evidence can increase risk if the abusive person finds it. Consider safety before saving or organizing any materials.

Safer Digital Storage Ideas

• If safe, back up important screenshots and documents to a secure email account with a strong password the other person does not know.
• Use two-factor authentication if available, and keep recovery codes somewhere the other person cannot access.
• Store copies on an external device (like a USB drive) that is kept outside the home if that is safer, for example with a trusted person.
• Clear “recent files” or photo history on your device if you think the other person checks your phone or computer.

Physical Storage Considerations

• Keep printed photos, records, and notes in a folder stored in a place the other person is unlikely to check, or outside the home if that is safer.
• Do not store evidence in shared places like glove compartments, common drawers, or shared email accounts.
• If you give originals to a lawyer or advocate, consider keeping copies if it is safe.

Balancing Safety and Documentation

If gathering or keeping evidence makes you feel less safe, it may be better to focus on immediate safety rather than collecting more documentation. You can describe what happened in your own words in court or to police even if you do not have physical evidence.

How Evidence Can Be Used in a Delaware PFA Case

In Delaware, a Protection From Abuse (PFA) case is a civil court process that may offer protective orders. Evidence can help the court understand what has occurred and assess ongoing safety concerns.

Examples of Evidence for a PFA Application

• Text messages, emails, or social media messages showing threats, stalking, or harassment
• Photos of injuries or property damage from recent or past incidents
• Police reports or case numbers for previous calls to law enforcement
• Medical records that match the timing of incidents described in your PFA petition
• Witness statements or affidavits from friends, family, neighbours, or co-workers

Courts may also consider your sworn testimony. Even if there is limited physical evidence, your statement about what happened is still important.

How Evidence May Be Used in Criminal Cases

When police or prosecutors in Delaware bring criminal charges related to domestic violence, they may collect and present evidence to show whether the law was broken.

Examples of Evidence in Criminal Matters

• Photos taken by officers at the scene
• Body camera footage, if used
• Statements you gave to police
• Medical records confirming injuries
• Threatening text messages, emails, or voicemails
• Witness statements from neighbours, children, or other adults who observed incidents

If you have saved messages, photos, or other items, you can ask how to share them safely with police or a prosecutor’s office. It may be possible to email or upload copies rather than handing over a device, depending on local practice.

How Evidence May Affect Custody or Visitation Cases

Domestic violence can be considered in Delaware family court when deciding custody, visitation, and decision-making responsibility for children. Evidence can help the court understand patterns of behaviour and safety concerns for children and caregivers.

Evidence That May Be Relevant to Parenting Decisions

• PFAs or restraining orders, including any violations
• Police reports related to domestic incidents or child exposure to violence
• Medical or school records showing the children’s emotional or physical impact
• Messages that show threats, intimidation, or attempts to use the children to control you
• Records of missed visits, last-minute cancellations, or unsafe handoffs

Courts will usually focus on the best interests and safety of the children. Evidence does not guarantee a specific outcome, but it can provide context about the family’s situation.

Delaware Recording Laws: Important Cautions

Secretly recording conversations or phone calls can be risky legally and for safety. Recording laws are complex and can involve state and federal rules.

• In some situations, recording another person without proper consent could violate the law.
• Illegally obtained recordings may not be allowed in court, and there could be legal consequences for making them.
• Even legally made recordings might increase risk if the other person finds out about them.

Creating a Timeline of Incidents

A simple timeline can help you remember details and explain your experience clearly in PFA, criminal, or custody cases. It does not need to be perfect or include every event.

What to Include in a Timeline

• Date or approximate date: “March 2023 (around mid-month)” is fine if you do not remember the exact day.
• Location: For example, “at home,” “parking lot,” or “child’s school.”
• Short description: A few sentences about what happened, using plain language.
• Who was present: Adults, children, neighbours, or anyone else who saw or heard part of the event.
• Related evidence: Note if you have texts, photos, police reports, or medical visits linked to that event.

You can create the timeline in a notebook, on a form, or on a computer if it is safe. Keep it somewhere secure so it is not discovered by the other person.

Organizing a Court Evidence Packet

Courts often prefer evidence that is clear, labelled, and easy to follow. While each court may have its own rules, some general organization steps can make it easier for you to present your information.

Basic Steps for Organizing Documents

• Group items by type: for example, all text messages together, all photos together, all medical records together.
• Within each group, arrange items in date order from oldest to newest if possible.
• Number each item or page (for example, “Photo 1,” “Photo 2,” “Text Screenshot 1”).
• Create a simple list or table of contents that explains what each numbered item is and its date.

Preparing Copies for Court

• If possible, bring at least one clean copy for the judge and one for the other party, in addition to your own copy, unless the court instructs otherwise.
• Print screenshots and messages clearly so dates, times, and phone numbers or usernames can be read.
• Do not write long notes on the original evidence; keep explanations in a separate document or on sticky notes you can remove if needed.

Getting Legal and Supportive Help

Understanding how evidence works in Delaware domestic violence cases can be complicated. Local legal aid organizations, bar association referral services, and domestic violence advocates may help explain options and current procedures in your area. Speaking with a lawyer can provide advice tailored to your situation.

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