Evidence in Florida Domestic Violence and Injunction Cases
How survivors in Florida can think about collecting and organizing evidence for DV-related court matters.
Evidence for Florida Domestic Violence and Injunction Cases
Important Starting Points
Evidence can support your account of what has been happening, but it is only one part of a case. This page gives general information and safety-focused tips. It is not legal advice, and it does not replace speaking with a lawyer in Florida.
If you are unsure what to collect or how to use it, consider talking with a legal aid clinic, duty counsel, or a private lawyer in Florida before sharing or filing anything.
Additional support options and information on services can be found through resources listed at DV.Support.
Common Types of Evidence
Different courts may look at different types of evidence. Not every case will have all of these, and lack of evidence does not mean harm did not occur.
Text Messages and Messaging Apps
- SMS texts, WhatsApp, Facebook Messenger, Instagram, and other app messages may show threats, harassment, or attempts to control.
- Keep messages in context when possible (not just a single screenshot).
- Take clear screenshots that show:
- Names or phone numbers
- Dates and times
- Full conversations, not only selected lines
Before deleting an app or changing phones, consider whether you need copies of messages. Deleting messages cannot usually be reversed.
Emails
- Emails may show patterns over time: threats, intimidation, harassment, or controlling behaviour.
- Save important emails in a separate folder, and consider printing or exporting them as PDF files.
- Try to keep the email headers visible (to, from, date, subject line).
Call Logs and Voicemail
- Phone records can show repeated calls, hang-ups, or calls made despite a request to stop.
- Screen captures of call logs should include dates, times, and phone numbers.
- Voicemails may be evidence, but recording or downloading them should be done carefully and lawfully.
Photos
- Photos may show injuries, damaged property, or the state of a home after an incident.
- Try to:
- Take photos as soon as it is safe
- Photograph from several angles
- Include something for scale if needed (for example, a coin or ruler near an object)
- Keep the original digital files if possible, not only edited versions.
Only take photos if it does not increase your risk. If taking photos is likely to be discovered and cause more harm, your safety may be more important than gathering this kind of evidence.
Videos (With Caution)
- Videos can show behaviour, tone, and surroundings, but there are legal limits on recording in Florida.
- Public security or doorbell camera footage may be easier to use than secret recordings made on your phone.
- Back up any important videos to a safe location.
Medical Records
- Records from hospitals, clinics, walk-in centres, or doctors can document injuries or stress-related health issues.
- Discharge summaries and visit notes may include:
- Dates and times of visits
- Descriptions of injuries
- Treatment provided
- You can usually ask the provider’s records department how to request a copy of your own records.
Police Reports and Call Records
- Police reports may summarize what was said and done when officers attended.
- In some areas, you can request:
- Incident reports
- CAD logs (computer-aided dispatch records)
- 911 call recordings or transcripts
- Procedures for getting copies vary by city and county. Staff at the police records office can usually explain the local process.
Other Helpful Documents
- School reports or notes from children’s teachers about behaviour changes or absences.
- Workplace records, such as warnings for lateness if it relates to the situation at home.
- Letters, cards, or notes that show controlling or threatening behaviour.
- Witness statements or letters from people who personally saw or heard incidents.
Safety Tips for Storing Evidence
Off-Device and Backup Storage
- Consider saving copies of important evidence:
- On a password-protected cloud account that the other person cannot access
- On a USB drive or external hard drive kept outside the home if possible
- As printed copies stored in a safe place
- Do not store everything only on a device the other person controls or frequently checks.
Trusted Contacts
- You may choose to share copies of key documents with a trusted person such as:
- A friend or family member
- A support worker or advocate
- Your lawyer
- Make clear whether you want them to keep it private and whether they should only share it with a lawyer or court if you agree later.
Secure Accounts and Devices
- Use strong, unique passwords for email, cloud storage, and messaging apps.
- Where available, turn on two-step or multi-factor authentication.
- Check which devices are logged into your accounts and remove any that do not belong to you.
- Consider using a separate email or cloud account only for legal and safety documents, if it is safe to keep it secret.
If the other person knows your passwords or has access to your phone, suddenly changing everything may raise suspicion. Adjust slowly and in ways that do not increase your risk.
Florida Recording Laws and Secret Recordings
Florida has specific laws about recording conversations and audio. These laws can be complex, and they are different from some other states.
- Florida is often described as a “two-party consent” or “all-party consent” state for many audio recordings.
- Secretly recording a conversation without the consent of everyone involved may be illegal in some situations.
- Recordings made in violation of these laws may not only be unusable as evidence, they could also create legal risk for the person who made them.
Before making any secret recordings in Florida, consider speaking with a lawyer to understand how the law applies to your specific situation. Do not rely on general online information alone.
How Evidence Might Be Used in Different Courts
Evidence rules are different in each type of court. The following is general information only and not legal advice.
Injunction (Restraining Order) Hearings
- In Florida, an injunction for protection case is a civil court process. Judges look for evidence of past violence, threats, stalking, or other behaviour, and may also consider risk of future harm.
- Evidence may include:
- Messages, emails, call logs, and social media posts
- Photos of injuries or property damage
- Medical and police records
- Witness testimony (people who saw or heard incidents)
- Courts will usually want to see that the evidence is:
- Relevant to the issues in the case
- Authentic (not altered or faked)
- Organized and understandable
Criminal Courts
- If charges are laid, the state prosecutor decides how to use evidence in a criminal case.
- Police and prosecutors may gather:
- Statements from you and witnesses
- Photos, medical records, and digital evidence
- Recordings or forensic evidence, where relevant
- Rules about what can be used as evidence, and how it must be shared with the defence, are stricter in criminal court than in civil court.
- You can usually discuss your evidence with the prosecutor or a victim services worker, who can explain what may help and what may not be used.
Family Court (Parenting, Custody, and Support)
- Family courts often focus on safety and the best interests of children.
- Evidence might be used to show:
- Patterns of controlling or violent behaviour
- Impact on children’s well-being and routines
- Concerns about exchanges, communication, or decision-making
- Judges may be interested in patterns over time, not just single incidents.
- Evidence should still be relevant and organized. Too many unfocused documents can make it harder for the court to understand your situation.
A Florida family lawyer or legal aid clinic can explain what types of evidence are usually most helpful in local family courts.
Creating a Simple Timeline of Incidents
A timeline can help you and the court see patterns clearly. It can also help you remember dates if you feel nervous when speaking.
Basic Structure
You can create a timeline using paper, a notebook, or a simple digital document. Include:
- Date (and time, if you remember)
- Place (home, car, public location, online, etc.)
- Short description of what happened, in plain language
- Who was present (including children or witnesses)
- Related evidence (for example: “see text messages from 5 May,” “photo 3,” “hospital record”).
Example Entry
- Date: March 2, 2024, evening
- Place: Apartment living room
- What happened: Raised voice, shouted insults, punched wall near my head. I felt scared and left to stay with friend.
- Who was there: Me, the other person, our child (age 8) in bedroom.
- Evidence: Photos of damaged wall (Photo #1), text to friend about what happened (screenshot “T-1”).
Tips for Maintaining the Timeline
- Write down incidents as soon as reasonably possible, while details are still fresh.
- Keep entries short and factual, focusing on actions, words, and impacts rather than assumptions about motives.
- Number your incidents (for example, Incident 1, Incident 2), and match these numbers to your documents.
- Store your timeline safely, in a way that will not increase your risk if it is discovered.
If keeping a written record at home is unsafe, consider storing your timeline in a secure online document or with a trusted person. Make sure they understand your privacy needs.
Organizing Your Evidence for Court
Being organized can reduce stress and make it easier to explain your situation.
- Group similar items together: messages, emails, photos, medical records, police reports, school or work documents.
- Label each item: for example, “Photo 1,” “Email A,” “Text Screenshot 3.” Match these labels in your timeline.
- Put items in date order: earliest to most recent, so patterns are easy to see.
- Prepare a short list of key incidents: if you have many events, highlight the most serious or most recent ones.
- Check privacy: remove or black out information that is not needed and could put you or others at risk (for example, a third party’s private contact details), but check with a lawyer before altering documents you plan to file.
Getting Legal Guidance in Florida
A lawyer can explain how Florida law treats evidence, recordings, and injunctions, and whether specific documents are likely to help. Legal aid organizations and local bar associations may offer reduced-cost or free consultations.
When contacting legal services, you can usually ask about confidentiality and how your information will be used before sharing details.