If you are going to court for a final restraining order and have sought medical treatment for an injury, medical records can help you tell the full story. For example, if your testimony will involve talking about how you were pushed to the ground and sought medical treatment for the resulting fracture to your arm, the certified medical records documenting that injury could be helpful to present in court. This article will help you prepare and submit certified medical records during the trial. Note: If you have photographs documenting the same injury the medical records document, these are often your best evidence. Documentation from a medical provider is not required or considered a more reliable form of evidence.
Preparing for Court
It is important to prepare your evidence before you go to court. While considering whether to present medical records, the first question is whether they are relevant and whether they support your case. Do the records support the version of events you will testify about to the court? If you will testify that the abuser caused an injury to you and you had to seek medical assistance, then the records could be helpful.
If you believe that the records could be relevant, then you must first get them. To begin, contact the medical records department of the hospital or doctor’s office that you visited. You can find their phone numbers online. Then, you can request certified medical records. Be sure to request that the records are certified. Certified medical records are a copy of your records with a cover sheet on top. This cover sheet should be signed by staff at the medical records office and state that the records are yours, the date, and that they are true and accurate copies. Without this certification, the judge may refuse to review the record. You only need to request records from the date of visit from the incident relevant to your case. You may have to pay for your records, but might not if they are sent electronically. If you do pay for your records, keep your receipt. If you are successful in obtaining the final restraining order, you can request that the judge order the defendant to reimburse you for this cost. It may take time to receive these records, so try to request them as soon as possible. Courts expect you to have three copies of certified medical records for court.
Put the evidence in order of how you intend to discuss it in court. If you are writing an outline of your testimony, be sure to incorporate the evidence in the outline. An outline includes information relevant to your case and personal story. For example, if your outline describes an incident where your arm was fractured and you sought medical attention, you should include as a note to reference the certified medical records that support that testimony. Plan to label and refer to the evidence as P-1, P-2, (P for plaintiff. The defendant’s exhibits will be marked D-1, D-2, etc.) and so on as it comes up in your story.
Admitting Your Evidence During the Trial
During the trial, you will testify about the incidents of domestic violence committed against you and present any evidence you may have to support that testimony. After you testify to the incident that resulted in the injury for which you sought medical treatment, let the judge know that you have certified medical records to present as evidence. Ask the court to mark the records as Plaintiff’s Exhibit P-1 for identification (then P-2, P-3, etc. for additional photos). The sheriff's officer will take the document and give it to the judge’s clerk. The document will then be shown to the other party.
When you receive the records back, testify about where the records are from, when the visit occurred, whose name is on them, and the diagnosis. You cannot read additional information from the notes or results in the record.
After you have completed your testimony about this document, you should offer it to the judge. The judge will ask if the other party has any objections. If the records are admitted, the sheriff's officer will come and take the document to give to the judge. Do not approach the judge yourself at any time.
Note: The discharge papers you receive when you leave a hospital are not certified medical records, and judges cannot consider their contents. If this is the only documentation you have of the hospital visit, you may mention to the judge that you have it, but often they will not rely on its contents in making their decision unless the only thing you are trying to prove is that you went to the hospital.
After successfully admitting evidence, you can move on to any other parts of your testimony. Introducing evidence strengthens your testimony by providing concrete support for your claims. By organizing your outline clearly and preparing your exhibits in advance, you’ll be able to present a more persuasive and effective case in court.
See How To Submit Photographs Into Evidence During a Final Restraining Order Hearing and How to Submit Video and Audio Files Into Evidence During a Final Restraining Order Hearing to learn how to admit other kinds of evidence.
This information last reviewed: Aug 26, 2025