If you are going to court for a final restraining order, physical proof (such as photos, videos, and audio recordings) can help you tell the full story. Examples of photos that you may choose to present are those of damaged property, injuries, screenshots of text messages, or phone logs. This article will help you prepare and submit photographic evidence during the trial.

Preparing for Court

It is important to prepare your evidence before you go to court. While considering whether to present a photo, ask yourself whether it is relevant and whether it supports your case. Does the photo support the version of events you will testify about to the court? If you will testify that the abuser punched a hole in the wall during an argument, a photo of that hole would be helpful. If you testify to a severe assault with bruising, but the photos barely show a mark, that could hurt your credibility.

The next consideration is whether it will be admissible. In order for you to properly authenticate or use a piece of evidence in court, you need to testify that the evidence is what you say it is. For example, can you testify that the photograph is a true and accurate representation of the hole you said the defendant caused? Did you personally see the hole in the wall? If you never saw the hole yourself, you cannot authenticate this photo, because you cannot say that the picture is accurate.

Preparing Your Evidence

If your evidence is electronic (for example, a video or audio recording), contact the court to see how it should be shared. You may be able to upload the file to court staff, email it, or provide a jump (thumb) drive or disk. Be sure to check with the court before the trial. If you can present the evidence on your own laptop or other device, then you do not need to contact the court in advance. However, you must still provide something to the court to keep a copy of the evidence, for example, a thumb drive.

For non-electronic evidence, print three copies and put them in the order you plan to discuss them in court. If you are writing an outline of your testimony, incorporate the evidence in the outline. An outline includes information about your case and personal story. If your outline describes an incident like someone punching a hole in a wall, you should include a note about the photo that supports that testimony. Plan to label and refer to the evidence as P-1, P-2, etc. (P stands 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 to the version of events that supports your request for a final restraining order and speak about the evidence you have gathered. After testifying about an incident that involves a photo, ask the court to mark it as Plaintiff’s Exhibit P-1 for identification (then P-2, P-3, etc. for additional photos). The sheriff's officer will take the photo and give it to the judge’s clerk. It will be marked with a sticker P-1 for identification.

The photo will be shown to the other side, and then the sheriff’s officer will return it to you. Explain why the photograph is helpful to the court. Describe what is shown in the photo and state that it is a true and accurate representation of what you say it is. Finally, describe what is shown in the photograph. It is not necessary to testify to who took the photograph or when, but you can do so if it is helpful.

If someone other than you took the photo, they don’t need to testify as long as you can testify about the photo’s contents. As an example, if the police department took photos, and you personally saw what is portrayed in them, you can obtain those to present as evidence. You can request photos and other records from the police department (911 recordings, police reports, body camera footage), through the records department at the police station. Ask for the photos, fill out the required paperwork, and pick them up when they are ready. There should be no charge for any of these records. The police are required to respond to your request within ten days, so keep this in mind when preparing for court.

After you have completed your testimony about a specific photo, you should offer it to the judge. The judge will ask if the adverse party has any objections. If the photo is ultimately admitted, the sheriff's officer will come and take the photo to give to the judge. Do not approach the judge yourself at any time.

Introducing Text Messages

If you plan to use a photo of a text message, rather than images, more information will be needed in your testimony. An example would be a screenshot of text messages between you and the other party.

You need to state the date and time the messages were sent, who sent the message, and who received it. To make sure the messages are authentic, you need to state how you know that the message came from that person. You must state their phone number, their name as it is listed in your phone, and previous contact with that person from that number. You should also explain the content of the messages and any necessary context.

After this information is provided, you can then read the relevant text messages to the court.

After successfully admitting evidence, you can move on to any other parts of your testimony and repeat the process for any other photos you want to submit. Introducing evidence makes your testimony stronger. By organizing your outline clearly and preparing in advance, you will be able to present a more persuasive and effective case in court.

See How to Submit Video and Audio Files Into Evidence During a Final Restraining Order Hearing and How to Submit Certified Medical Records Into Evidence During a Final Restraining Order Hearing to learn how to admit other kinds of evidence.

This information last reviewed: Aug 26, 2025