What the prosecution usually gathers
Typical domestic violence evidence includes the 911 call, body-worn camera footage, scene and injury photos, medical records, and written or recorded statements. Prosecutors may also collect text messages, social media posts, and call logs, sometimes from the complainant's phone. Prior police reports or earlier orders of protection between the same people are often pulled as well. Not all of this will be admissible, but it shapes how the prosecution views the case. The defense usually receives much of it through discovery, and reviewing it closely is where many issues first appear.
What the defense should preserve
Some records are kept only for a limited time, including 911 recordings, building and business video, and phone carrier data, so preservation requests may need to go out early. Keep your own phone's messages, photos, and call history intact, and do not delete or edit posts, because altered evidence can create new problems. If you were injured, get medical care and keep the records. Witnesses such as neighbors, friends, or family who saw or heard events are often identified early and then lost track of. Give your lawyer names and contact details while memories are fresh.
Lines not to cross
Do not log into the complainant's accounts, devices, or cloud storage, even if you know the password or once shared it. Do not ask anyone to collect messages or statements from the complainant for you, and do not reach out to them to ask what they told police. Recording conversations can raise legal issues of its own depending on the setting and the state. Once we review the discovery, we compare it with what you have preserved and identify gaps worth subpoenaing. That comparison often reveals the most important questions in the case.
