Documenting domestic violence can help support a parenting plan that protects children. Washington courts need evidence of domestic violence before they limit a parent’s time with the child or decision-making rights. Many survivors find it hard to gather and organize the records a court may need. Under RCW 26.09.191, courts must consider domestic violence when setting parenting schedules and decision-making rights. Washington law also creates a rebuttable presumption against giving sole or joint decision-making rights to a parent with a history of domestic violence as defined under RCW 26.50.010. Keeping clear records from the first incident can help provide the evidence needed in court.
What records should you keep?
Written records create a timeline courts can follow. Start collecting the following documentation after each incident:
- A dated journal entry noting the date, time, location and description of what happened
- Photographs of visible injuries, taken as soon as it is safe to do so
- Text messages and voicemails containing threats, saved without editing or deleting them
Police reports can support a custody case, but they do not prove abuse by themselves. Medical records, photos and witness statements can add support and help show a history of abuse. Prosecutors, not victims, decide whether to bring criminal charges. Safety and personal circumstances should guide any decision to contact the police.
How do medical records strengthen your case?
Medical professionals document injuries based on their observations and the patient’s statements. Seeking medical attention after a violent incident can create an objective record. Tell the healthcare provider how the injury happened and ask them to include those details in the medical record. Courts review all available evidence when considering domestic violence claims. A pattern of medical visits can support a claim. However, one serious incident with credible evidence may also affect custody decisions under Washington law.
How do witness statements and school records support your case?
Witness statements can support an abuse claim. Neighbors, friends and family members who witnessed threats, arguments, or injuries may provide written statements. School records may also show changes in a child’s behavior or emotional well-being linked to periods of abuse.
How to organize and protect the records you gather
Keep abuse records clear, organized and secure. Start documenting each incident as soon as possible. Add new details after each event. Store the records in a safe place that can be accessed without relying on the other parent. An attorney familiar with RCW 26.09.191 can help present the evidence and support a residential schedule that protects the children’s safety.
