How to Show Your Evidence to the Judge at a Restraining Order Hearing

By Veronica T. Barton, California domestic violence defense attorney and creator of DEFEAT the DVRO

The short answer

If you have evidence on your side, it doesn't do you any good unless you can actually show it to the judge. Prepare your exhibits ahead of time, with the time and date on your text messages, three copies of everything, and a transcript for any audio. You can present them when you question the petitioner and again during your own statement. When you do, explain what the exhibit is and end by saying it is a true and accurate copy.

Why you need to know how to show the judge your evidence

If you have evidence on your side, it doesn't do you any good unless you can show it to the judge. You need to know how to show the judge your evidence. Evidence is called exhibits when you present an actual document in court.

Preparing your text messages

When you prepare your exhibits, start with any text messages. Text messages are present in almost every domestic violence restraining order hearing. Make sure they're relevant before you think about presenting them.

Capture the time and date as much as possible. This can be tricky. If you have an iPhone and a Mac, you can sign into iMessage on your computer and save the conversation as a PDF, as long as all of the messages were iMessage. There are also some apps that do this. If you can't do that, or if you don't have much time before the hearing, you can take screenshots, but make sure they show the time and date.

How many copies to bring

Bring three copies to be safe. Don't bring only one copy. You need a copy for the judge, and you probably need a copy for the other party. Many times courts will force you to give a copy to the other party, and if you fail to do so, you won't be able to use it. You also want a copy for yourself, so you can show the judge and explain the exhibit without trying to blindly describe a document.

If you have audio or video

Get a transcript

To be very safe, I would have a transcript of it. There is a rule of court in California that says you need a transcript of any audio you are going to play, unless you have good cause not to do so. Maybe you have a video recording that has audio you don't need, either because it isn't necessary or because there's no dialogue. That's fine.

If you have a lot of audio to use, I recommend a service like rev.com. It's fairly fast, and they'll create a transcript for you. If the audio is half an hour long, it will take you a long time to transcribe yourself, so I recommend using them. They have a version that uses only AI, which is quick and cheap. But I recommend the version that starts with the AI and then has a human go through it. They're really good.

Be sure you are not recording illegally

California is a two-party consent state. There is an exception if, for example, you are recording evidence of a crime, or if the recording took place in an area where the other person would not have an expectation of privacy. Video from cameras outside of a house, for example, will commonly come in.

But if you had a camera in your living room that the other party didn't know about, you probably won't be able to use the recording. If they knew about it, if they installed it, or if it was obvious that it was there, you have a decent chance of being able to use it.

Use binders and put your exhibits in order

If you have a lot of exhibits, such as a lot of text messages, binders might be helpful. As an attorney, I prepare binders. If you bring in three binders, the judge will be impressed with you. The judge is impressed with attorneys who do this, so for sure the judge will be impressed. Binders help make sure that the judge has all of your exhibits, that everything is well organized, and that you think through, "In what order am I going to present these exhibits?" I recommend chronological order.

Find out how to present audio or video before the hearing

If you have audio or video, especially video, I recommend that you call the courtroom in advance and ask how to present video. Here in California, even within the County of Los Angeles, some courtrooms have great audio visual (AV) systems, and some don't have one at all.

I usually call in advance, but I also bring two laptops and an HDMI cord. Once, for a murder trial, I had to buy and bring in a speaker because that court's AV system was horrible and I had important audio to play in defense. You want to figure that out beforehand. Don't come with your exhibits only on your phone. That's probably the worst thing you can do. There is a decent chance you will not be able to use them at all.

When to present your exhibits

There are two times when you can present your exhibits.

I explain when and how to present exhibits in Step 4 of DEFEAT the DVRO.

While you question the petitioner

In a restraining order hearing, the petitioner goes first and then the respondent. The petitioner gives her statement, and then you get to ask the petitioner questions. You can present your exhibits when asking the other party questions. If you're using an exhibit to discredit the other party, there is a way to bring it up and pull it like a rabbit out of a hat during your questioning of her.

If you don't know how to do this, I recommend not doing it. I explain it in the full-length course, but it is too long to cover here. Skip that part. Don't try to do it clumsily, especially because tensions and emotions are high during these restraining order hearings.

When you give your statement

You can also use your exhibits when you give your statement. I recommend that you present your evidence during your statement too, even if you already used it when you asked the other side questions.

What to say when you present an exhibit

When you use an exhibit, make sure you explain to the judge what it is. For example, "These are text messages exchanged between the petitioner and me on whatever date, and I took screenshots of these text messages from my phone." Then you end with, "This is a true and accurate copy of the text messages." That is really important.

Without learning anything about this, who would know you're supposed to say "true and accurate copy"? There's a lot of lingo and legalese. Sometimes you can get away with not knowing it in court, because judges are somewhat more lax at restraining order hearings when people represent themselves. But if you use it, you come close to guaranteeing that it will go smoothly, and you impress the judge. As the respondent, that is what you want to do the entire time.

If you're considering representing yourself, many people can do it themselves. They just need the right tools.

Frequently asked questions

How many copies of my exhibits should I bring to the hearing?

Bring three copies to be safe. You need a copy for the judge, you probably need a copy for the other party, and you want a copy for yourself so you can show the judge and explain the exhibit without trying to blindly describe a document.

How do I print my text messages for court?

Capture the time and date as much as possible. If you have an iPhone and a Mac, you can sign into iMessage on your computer and save the conversation as a PDF, as long as all of the messages were iMessage. If you don't have much time before the hearing, you can take screenshots, but make sure they show the time and date.

Do I need a transcript if I want to play audio at my hearing?

To be very safe, I would have one. There's a rule of court in California that says you need a transcript of any audio you're going to play, unless you have good cause not to. If you have a lot of audio, I recommend a service like rev.com.

When can I show my exhibits to the judge?

There are two times. You can present them when you ask the petitioner questions, but only if you know how to do it. Don't try to do it clumsily. You can also present them when you give your statement, which I recommend doing even if you already used them when you questioned the other side. I explain when and how to present exhibits in Step 4 of DEFEAT the DVRO.

What do I say when I hand the judge a text message exhibit?

Explain what the exhibit is, for example, "These are text messages exchanged between the petitioner and me on whatever date, and I took screenshots of these text messages from my phone." Then end with, "This is a true and accurate copy of the text messages."