Evidence and Documentation in Louisiana Domestic Violence Cases
How survivors can collect and use evidence in Louisiana domestic violence-related legal matters.
Evidence in Louisiana Domestic Violence Cases
Important Disclaimer
This information is general and for education only. It is not legal advice and does not create a lawyer–client relationship. Laws change, and situations are different. For guidance about your specific circumstances in Louisiana, consider talking with a licensed Louisiana attorney or a local legal aid office.
Why Evidence Matters in Louisiana Domestic Violence Cases
Evidence can support your safety planning and your requests in court. In Louisiana, different courts may look at evidence in:
- Protective order (restraining order) hearings
- Criminal domestic abuse or related charges
- Family court cases, such as custody or visitation
Having organized, clear evidence may help judges and others understand what has been happening over time. A lawyer or legal aid advocate can help you decide what evidence is helpful and safe to collect or share.
Types of Evidence That May Be Helpful
Not every type of evidence is safe or appropriate in every situation. If you can, consider speaking with a Louisiana legal aid office or lawyer before collecting or sharing sensitive information.
Texts and Messaging Apps
Text messages and app messages (such as WhatsApp, Messenger, or others) can sometimes show patterns of threats, harassment, stalking, or control.
- Take screenshots that show the phone number, date, and time where possible.
- Save messages in more than one place, such as a secure cloud account or a trusted person’s device, if that is safe.
- Avoid editing or deleting parts of conversations that you may later want to use as evidence.
Emails
Emails can show threats, apologies, financial control, or patterns of behaviour.
- Save complete email threads, including headers that show dates, times, and addresses.
- Consider forwarding important emails to a safe account that the other person cannot access.
- Print hard copies if it is safe to store them somewhere secure outside the home.
Social Media Posts and Messages
Social media activity can sometimes show harassment, threats, public humiliation, or attempts to control or monitor you.
- Take screenshots of posts, comments, direct messages, and profiles that feel relevant.
- Capture the date, time, and username or profile link if possible.
- Be cautious about engaging with the other person publicly, as this can sometimes escalate conflict or safety risks.
Social media activity can sometimes be monitored or used to track you. Adjusting privacy settings, limiting what you post, and logging out on shared devices may improve your digital safety.
Photos and Videos
Photos and videos may help document injuries, damaged property, or threatening messages written on walls, vehicles, or belongings.
- Include items in the picture that can help show the date or context (for example, a newspaper with the date).
- Take multiple angles of injuries or damage if it is safe to do so.
- Store photos somewhere the other person cannot easily access, such as a password-protected cloud account or a trusted contact’s device.
Recordings (With Important Caution)
Recording conversations—whether in person, by phone, or online—can have serious legal consequences in Louisiana.
- Louisiana has specific laws about recording conversations, including when consent is required.
- Illegally obtained recordings may not be allowed in court and could expose you to criminal or civil penalties.
- Before making any recording, it is strongly recommended that you speak with a Louisiana lawyer or legal aid office about what is legal and safe in your situation.
If you already have recordings, do not share or use them in a case without first getting legal advice from a Louisiana attorney about possible risks.
Medical Records and Health Documentation
Medical records can be powerful supporting evidence, especially where there are injuries or ongoing health impacts.
- Emergency room or urgent care records that describe injuries and how they occurred.
- Doctor, nurse, or counsellor notes that mention fear, threats, or injuries related to abuse.
- Photos taken by medical staff or notes about safety concerns.
You can usually request copies of your own medical records, although there may be fees and procedures. A lawyer can help you understand what may be useful in your case.
Police Reports and Incident Numbers
If police were called, there may be a police report or event number.
- Write down the date, time, location, and any officers’ names or badge numbers if you know them.
- Ask the police how to get a copy of the incident report, if one was created.
- Keep track of any criminal case or docket numbers provided to you.
Police response and what gets documented can vary. A lack of a detailed report does not mean your experience is not real or serious.
Keeping an Incident Log
An incident log is a private record of what has been happening over time. It can help you remember details later and may support your case in court.
What to Include in an Incident Log
- Date and approximate time of each incident.
- Location (for example, home, workplace, parking lot).
- What happened in simple, factual language.
- Any witnesses, even if they did not see everything.
- Whether police, medical staff, or others were involved.
- Any texts, calls, or social media messages related to that incident.
Use clear, neutral language (for example, “Person X said …” or “I saw …”) rather than guesses about thoughts or motives.
Storing an Incident Log Safely
Think carefully about where and how you store your log so it does not increase your risk.
- If using paper, keep it somewhere the other person is unlikely to look, such as at work or with a trusted friend.
- If using a digital document, protect it with a strong password and avoid saving it on shared devices.
- Consider using a separate email account with a strong password to store your notes, if that is safe.
- Do not store your log in places the other person commonly searches, such as shared cloud folders or unlocked phones.
If the person causing harm closely monitors your devices or movements, keeping written or digital records may not be safe. Your safety in the moment is more important than keeping documentation.
How Evidence May Be Used in Different Louisiana Proceedings
Evidence may be used differently depending on whether you are in a protective order hearing, a criminal case, or family court. Judges, prosecutors, and lawyers must follow rules of evidence, which can be complex.
Protective Order Hearings
In Louisiana, protective orders are civil court orders that can place specific conditions on the other person’s behavior.
- Your testimony (what you say under oath) is often the main evidence.
- Texts, emails, photos, and an incident log can help show a pattern of behaviour over time.
- Medical records or police reports may support your description of events.
- Witnesses—such as neighbours, coworkers, or family—may provide statements or testify, depending on the situation.
A lawyer or legal aid advocate can help you decide what to bring to court and how to organize it so the judge can understand it clearly.
Criminal Domestic Violence Cases
In criminal cases, the state (through the prosecutor or district attorney) brings charges. You may be a witness, but you are not the one “pressing charges” in a legal sense.
- The prosecutor may use police reports, officer testimony, medical records, photos, and statements from you and other witnesses.
- Digital evidence (texts, social media, call logs) may be used if obtained and preserved legally.
- The accused person has legal rights, including the right to challenge evidence.
If you have concerns about how a criminal case is being handled, you can ask to speak with the prosecutor’s office victim services unit, if available, or request an update from the assigned prosecutor.
Family Court: Custody, Visitation, and Support
Family courts in Louisiana may consider domestic violence when deciding custody, visitation, and related issues, but they must follow specific laws and standards of proof.
- Incident logs, texts, emails, and social media posts may help show patterns of control, threats, or unsafe behaviour around children.
- Protective orders, criminal case outcomes, and police reports can be important records for the court.
- Evidence of how the violence affects parenting, children’s routines, and safety is often relevant.
A family law attorney can help you understand what the court may consider and how to present your evidence in a way that focuses on safety and the best interests of the children.
Legal Risks of Recording Conversations in Louisiana
Recording conversations may seem like a straightforward way to collect proof, but in Louisiana it can create serious legal risks.
- Louisiana’s recording laws can be detailed and may depend on where the conversation happens, who is involved, and whether someone has a reasonable expectation of privacy.
- Some recordings may require the consent of at least one person in the conversation; other situations may be more restricted.
- Recordings made in violation of Louisiana or federal law could lead to criminal charges or civil lawsuits against the person who made them.
- Courts may refuse to consider recordings that were obtained illegally.
Because of these potential consequences, it is strongly recommended that you speak with a Louisiana lawyer or legal aid office before starting any recording or using an existing recording in a case.
If you are in immediate danger, your safety comes first. Evidence can be important, but it should not come at the cost of higher risk to you or others.
Working With Legal Aid or an Attorney on Evidence
You do not have to manage evidence on your own. In Louisiana, legal aid organizations, domestic violence advocates, and private attorneys can often help you think through what evidence is most important and how to use it safely.
How Legal Professionals Can Help
- Review texts, emails, and other documents to see what may be relevant under Louisiana law.
- Explain how evidence rules might affect what a judge can see or consider.
- Prepare you to testify, including how to refer to your incident log or documents calmly and clearly.
- Help you request medical records, police reports, and other documents through proper channels.
- Advise you about what not to do, such as deleting potential evidence or contacting the other person in ways that could harm your case or your safety.
Preparing to Meet With Legal Aid or an Attorney
When you are able to meet or speak with a lawyer or legal aid advocate, having documents organized can help make the most of the time.
- Keep a folder (physical or digital) with copies of key documents, such as any protective orders, police reports, medical records, and screen shots.
- Bring or send your incident log, if it is safe to do so.
- Make a short timeline of the most serious incidents and any court dates.
- Write down your questions about safety, court processes, and what evidence might matter most.
Many people also find it helpful to connect with advocates or support services. Additional support options across Canada and the United States can be found through resources listed at https://www.dv.support. While these services are not a substitute for Louisiana-specific legal advice, they may help you explore safety and support options.
Focusing on Safety While Gathering Evidence
Any step you take to collect or store evidence should be balanced with your safety and the safety of others.
- Consider how the other person might react if they discovered your documentation.
- Use devices and accounts that the other person cannot easily access.
- Think about timing—for example, gathering or organizing documents when the other person is unlikely to interrupt or check your devices.
- Check in with a trusted advocate or lawyer if you are unsure whether a particular step is safe or legal.
You are not responsible for proving everything on your own. Any information you can safely and legally collect may be helpful, but your well-being remains the priority.