Evidence in Massachusetts Domestic Violence Cases

How to document abuse and use evidence across legal systems in Massachusetts.

Understanding Evidence for Legal and Custody Matters

Types of Evidence

Evidence can take many forms, including:

• Photographs or videos showing injuries or damage
• Text messages, emails, or other written communications
• Voice recordings or phone call logs
• Medical or police reports
• Witness statements or affidavits
• Items collected that relate to the situation

Safe Storage of Evidence

Keeping evidence secure is important. Consider these steps:

• Store digital evidence on password-protected devices or cloud accounts with strong security.
• Back up important files securely in more than one place.
• Keep physical items in a safe location, such as a locked box or trusted person’s custody.
• Avoid sharing evidence widely to protect privacy.

Using Evidence in Legal Proceedings

Evidence can play different roles in legal processes:

• 209A restraining orders: Evidence may support claims about harm or threat to safety.
• Criminal cases: Law enforcement and prosecutors use evidence to investigate and build cases.
• Custody matters: Evidence might be considered to inform decisions about what arrangement is best for children’s wellbeing.

Keep in mind that rules about what evidence can be used vary by jurisdiction and court.

Caution About Recording

Recording conversations or interactions may be subject to legal restrictions depending on where you are located. In some places, all parties must consent to being recorded. Before making recordings, it can be helpful to understand relevant laws to avoid unwanted consequences.