12.2.4 Selecting Evidence

Do not try to prove everything and every incident. Plan to prove a limited number of incidents, and choose your best evidence. In general, your case plan should include proving:

• The two most recent incidents of abuse
• Two or three of the worst incidents of abuse
• The general nature and frequency of abuse
• Incidents resulting in serious bodily injury or requiring medical attention
• Incidents involving the use of guns or other weapons
• Incidents involving strangulation
• Threats to kill
• Stalking and surveillance
• Incidents result in police action, especially if criminal charges are pending
• Incidents for which you have strong corroborative evidence, such as photographs, medical records, or eyewitness testimony

​​​​​The most frequent sources of evidence to corroborate abuse include:

• Photographs of injuries or property damage
• Phone records
• Voice mail messages
• Emails/text messages (take screenshots when possible)
• Torn or bloody clothing
• Police reports
• 911 recordings
• Medical records

In addition to client testimony, witnesses often include:

• Children
• Police
• Neighbors
• Family
• Friends
• Co-workers

Finally, consider the other types of evidence you will need:

• Evidence in the abuser’s control or possession
• Evidence that supports ancillary claims such as child and spousal support, child custody, and housing
• Evidence necessary to rebut claims from the other side
• Evidence of positive parenting or previous caretaking history