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