Abuse Using Technology

Preparing for your case will depend on your state’s rules of evidence, the type of abuse you are experiencing, and other factors. Here are some things you may want to consider:

• You may be able to get the evidence you need directly through your own social media, phone, and other accounts. If not, you may have to request that a third party, such as a telephone company, provide you with the evidence you need. But, the company might refuse to provide it without a subpoena.
• Take pictures, screenshots, or printouts of any evidence on your phone or tablet. Then print them out so you can hand them into the judge in court if needed. If your evidence is only on your phone or tablet, you may be required to leave it with the judge until your hearing is over if you don’t have it printed out or saved in another format. You can read more about saving evidence on our Documenting/Saving Evidence page.
• Think about the testimony you plan to tell the judge and how your evidence fits with your testimony. In order to enter (“admit”) evidence in court, you will likely have to testify (“lay a foundation”) about:
  
  • how you came upon that evidence; and
  • how you know that it is the abuser who sent the messages, posted the social media posts, etc.
• Check with a lawyer in your state if you made a video or audio recording to capture evidence of the abuse. In some states, it may not be legal for you to record a conversation if the other person being recorded doesn’t know about it. You can read more about recording laws on our website.

It is helpful to work with a lawyer to prepare for a court hearing or get advice about what evidence you may be able to use in court.