Evidence and Documentation in Georgia Domestic Violence Cases

How Georgia survivors can safely document abuse and use evidence in legal processes.

Evidence in Georgia Domestic Violence Cases

Important Disclaimer

This information is for general education only and is not legal advice. Laws and court practices in Georgia can change, and every situation is different. For guidance on your specific circumstances, consider speaking with a Georgia legal aid office or a licensed Georgia attorney.

Why Evidence Matters

In Georgia, evidence can be important in:

• Protective order hearings (such as family violence or stalking protective orders)
• Criminal investigations and prosecutions
• Family law matters, including custody, parenting time, and support

Evidence can help show a pattern of behaviour, the seriousness of incidents, and any impact on safety and children. You do not need to have “perfect” evidence to ask for protection, but organizing what you do have may help your lawyer or the court understand your situation.

Types of Helpful Evidence

Text Messages and Messaging Apps

Text messages, messages from apps like WhatsApp or Facebook Messenger, and other written conversations can sometimes show threats, harassment, apologies, or controlling behaviour.

• Save full conversations where possible, not just single screenshots.
• Include contact names, dates, and times if visible.
• Avoid altering or editing messages in any way.

Emails

Emails can also show patterns, such as repeated threats, demands, or attempts to control or intimidate.

• Keep original emails in your account if it is safe to do so.
• Download or print copies and store them somewhere safe, away from the person causing harm.
• Save headers and timestamps if possible, as they may show when and from where messages were sent.

Social Media Screenshots

Posts, comments, and direct messages on platforms like Facebook, Instagram, or TikTok may be relevant if they include threats, stalking behaviour, or public shaming.

• Take clear screenshots that show the username, date, and full message or post.
• If safe, consider using a trusted person to capture or store screenshots on their device or account.
• Do not engage in public arguments or callouts that might escalate risk.

Photos

Photos can sometimes document injuries, damaged property, or other impacts of violence.

• If safe, take photos as soon as you reasonably can after an incident.
• Include close-up photos and wider photos that show context (for example, the room, broken items).
• Note the date, time, and what each photo shows, in a separate log.

Videos (with Caution)

Videos can sometimes show injuries, property damage, or behaviour. However, recording may be risky and may raise legal issues, especially when it involves conversations.

• Never put yourself in more danger just to capture a video.
• Be aware that recording someone without their knowledge or consent may violate Georgia or federal law, depending on the situation.
• Before intentionally recording conversations, consider speaking with a Georgia lawyer or legal aid office about the risks and legality.

Medical and Counseling Records

Records from doctors, hospitals, clinics, and counselors may help show injuries, psychological impact, or a history of seeking help.

• Medical records may include notes about what you reported, the type of injuries, and treatment.
• Counseling or therapy notes may be sensitive and private. Deciding whether to share them with a court can be a complex legal and personal decision.
• Consider talking with a Georgia attorney about how sharing or protecting these records could affect your case.

Keeping an Incident Log

An incident log is a simple record you create to track what is happening over time. It does not replace official reports, but it can help you remember details later and provide a timeline to your attorney or the court.

What to Include in an Incident Log

• Date and time of each incident
• Location (for example, home, parking lot, workplace, online)
• People involved and any witnesses
• Brief summary of what happened, in your own words
• How you felt or any injuries (physical or emotional impact, if you want to note it)
• Any evidence connected to the incident (photos, texts, police report number, etc.)

Tips for Writing the Log

• Use clear, neutral language when possible, focusing on actions and words.
• Write entries as soon after an incident as is safely possible.
• If you make a correction, note the date you changed it instead of erasing or rewriting the original entry.

Safe Storage of Evidence

Physical Evidence

Physical evidence can include printed emails, photos, medical discharge papers, police reports, or damaged objects.

• Keep copies, not just originals, when possible.
• Store materials in a safe location that the person causing harm cannot easily access (for example, with a trusted friend, relative, or in a secure locker or office).
• Avoid leaving evidence in obvious places, shared vehicles, or areas that are searched or monitored.

Digital Evidence

Digital evidence includes files on phones, computers, tablets, or cloud accounts.

• Use strong, unique passwords and, if possible, two-factor authentication for email and cloud storage.
• Consider using an email account or cloud storage that the other person does not know about.
• Back up important files in at least one additional safe location.
• Be careful with shared devices, shared phone plans, or shared cloud accounts that may reveal what you are saving.

How Evidence May Be Used in Different Georgia Cases

Protective Order Hearings

In Georgia, courts can issue various types of protective orders. At a hearing, a judge may review evidence such as:

• Incident logs showing a pattern of behaviour
• Threatening or harassing messages and emails
• Photos of injuries or property damage
• Medical records, police reports, or witness statements

The judge may consider both recent incidents and a longer history of behaviour, depending on the type of order requested and the legal requirements. A Georgia attorney can explain how judges in your area typically handle these hearings.

Criminal Investigations and Prosecutions

When police are involved, they may collect evidence and send reports to a prosecutor. Evidence in a criminal case might include:

• Police reports and officer observations
• Witness interviews
• Photos and medical records
• Digital communications that suggest threats, intimidation, or ongoing harm

Prosecutors decide which charges to file and what evidence to present. Your own evidence may help you communicate clearly with law enforcement or a victim advocate, but you may not control how the state uses it in court.

Family Court (Custody, Visitation, Support)

Evidence of family violence can be important in Georgia family law cases, especially when the court is making decisions about:

• Legal and physical custody
• Parenting time or visitation conditions
• Exchange locations and communication rules between parents

The court may look at:

• Any protective orders and their violations
• Police reports and criminal case outcomes
• Evidence of threats, stalking, or harassment
• Impact of behaviour on children’s safety and well-being

A family law attorney in Georgia can explain what types of evidence family court judges in your area usually consider most helpful.

Recording Conversations: Important Warnings

Recording conversations can be complicated and risky. Laws about recording vary between states and can depend on whether:

• The conversation is in person or over the phone
• At least one person in the conversation knows about and consents to the recording
• State or federal wiretapping or privacy laws apply

Georgia’s rules about recording can differ from other states. Depending on the situation, recording a conversation without proper consent could be illegal and might create criminal or civil problems for the person making the recording.

Balancing Safety and Evidence

It may feel like you need to gather as much proof as possible. Your safety, and the safety of any children or dependents, is more important than collecting evidence.

• Do not place yourself in danger just to capture a message, photo, or video.
• If you feel unsafe, consider reaching out to local resources, shelters, or hotlines that understand Georgia laws and services.
• Additional support options across the United States can also be found through resources listed at https://www.dv.support.

Talking with Georgia Legal Aid or an Attorney

Because every situation is different, getting individualized legal guidance can be helpful. A Georgia legal aid office or private attorney can:

• Review your specific evidence and explain how it might be used
• Explain the pros and cons of sharing certain records, like counseling notes or medical files
• Advise you about recording, digital privacy, and safe storage of documents
• Help you prepare for protective order hearings, criminal cases, or family court

If you contact a legal aid office or attorney, you can ask:

• What kinds of evidence are most helpful in my type of case?
• How should I safely organize and share evidence with you?
• Are there any risks in sharing specific records, like therapy notes or recordings?

Gathering and organizing evidence can feel overwhelming. Taking small, safe steps and talking with a Georgia legal professional about your options may help you make informed decisions about how to move forward.