Court Procedures / Evidence / Service

You asked if recordings of abuse and threats can be used in the [STATE] court system. In general, whether recorded evidence of abuse can be entered into evidence and considered by a judge in a court case will depend on whether the person who recorded the evidence did so legally. In general, each state has some type of law on recording that defines under what circumstances a person can legally record an interaction or conversation. Generally, some states require that both parties consent to a recording for it to be legally obtained. In other states, only one party must consent to the recording, meaning that if one person who is a part of the conversation or interaction consents to the recording, the recording was legally obtained. You can read more about recording laws and whether recordings can be used in court on our website in the Abuse Using Technology section. I also wanted to mention that generally, in most states, even if a person does not have recorded evidence of abuse, a victim can testify about the incidents of abuse and then a judge should decide which party is most credible (believable). We have some information about Preparing for Court on our website. You may also want to speak with a lawyer in your state to determine what your legal options are and the best way to present your evidence. You can find lawyers, some free or low-cost if you qualify on our Finding a Lawyer page, [LINK] and here is information about Restraining Order laws [LINK] in your state in case that is helpful.