To start a court case, you must have a reason to go to court. Generally, the reason for your court case is known as the “cause of action.” A cause of action exists when someone (usually called the defendant or the respondent) has done a legal wrong to you, or there is a disagreement that the court can solve. For example, you could have a cause of action against any of the following people:

• someone who assaulted you;
• someone with whom you had an oral contract or agreement and that agreement was broken; or
• someone with whom you have children and there is a disagreement over where they should live and who should make decisions for them.

All of these issues, and many others, represent causes of action that allow you to bring a court case.

There is certain information that usually has to be included in a petition for it to be heard by a judge. In most states, you will need to include the names, addresses, and possibly the birth dates of the people involved in the court case. If the case involves children, the names of the children, their addresses, birth dates, and address history is usually also required. If you are concerned about disclosing your address, you can ask the court clerk if there is a way for you to keep your address confidential.

You will need to allege certain things in your petition in order to meet the basic requirements of the court where you are filing your court case. The information required in your petition will depend on the type of court case you are trying to file. Basically, you need to explain the reason you are filing, what you would like to see happen (the relief you are requesting) and provide specific examples of what occurred that makes you think the judge should give you what you are asking for. In some cases, there will be additional requirements that you will need to meet so you should be sure to review the form carefully and complete all of the sections. For example, in a case to modify an existing custody order, you might have to include information about a change of circumstances that has happened since the original order was issued.

Most states have sample petition forms that you can fill in online. If your state does not have forms available online, you may be able to get the forms by asking the court clerk in the courthouse where you want to file your petition. Some courthouses may even have a staff person who is available to help draft petitions.

A summons or notice of petition is a legal document that provides notice to someone that a court action is pending and tells him or her when and where the court appearance is. Usually a summons will also direct that the person has to appear at that court date and that s/he may face consequences if s/he does not appear.

Each state has its own laws about what evidence you can use in court. For example, you may need to get certified copies of documents you want the judge to look at, or you may only be able to enter information from certain parts of a document. If you are trying to get reports from police, hospitals, doctors, etc., you may have to get a subpoena signed by the judge or other court personnel to get those documents. Your state may require that subpoenaed documents be sent directly to the courthouse instead of you. If you are seeking records from third parties, like a phone company or an internet service provider, there may be additional hurdles or delays because of privacy laws or company policies regarding the storage of data. Due to complex rules of evidence, it may be hard to figure all of this out on your own – this is where having the help of a lawyer can be especially helpful.

In most states, evidence can include:

• testimony in court, from you or your witnesses;
• medical reports of injuries from the abuse;
• police reports for when you or a witness called the police;
• pictures of your injuries;
• household objects torn or broken by the abuser;
• pictures of your household in disarray after an episode of domestic violence;
• pictures of weapons used by the abuser against you;
• tapes of calls you may have made to 911, which can be subpoenaed;
• certified copies of relevant criminal convictions of the abuser;
• a personal log, diary, or calendar in which you documented the abuse as it happened; and
• anything else that might help prove the abuse and that is allowed under your state’s rules of evidence.

Generally, the more evidence you have, the better. However, the evidence should be directly related to the issue that the judge is considering. For example, if you are filing for a restraining order, evidence of the abuser cheating on you likely won’t be relevant to prove s/he abused you. A good rule of thumb is to always keep in mind what you have to prove according to the law, and then to remember that your evidence only has to convince the judge that it’s “more likely than not” that the abuser did what you claim. Also, remember that even if you have no documents or witnesses, your testimony is evidence. Don’t be discouraged from pursuing your case if the “only” evidence you have is your testimony.

It is important to practice telling your story. Even though you lived through the abuse, you may never have had to sit down and talk about all of the incidents in an organized, clear way. By practicing in front of another person or in front of the mirror, you may be less nervous to tell your story to the judge in court. Also, as you begin talking about it, often times you will remember new details that may be important for your court case.

Tell your story in your own words, and try to speak clearly. For example, in a restraining order case, try to focus on the relevant details of the incidents of violence, threats of violence, or any harassing or stalking behavior that you included in your petition. When describing an incident where the abuser hit you, for example, tell the judge how you were hit, where on your body you were hit, how many times, what type of pain or injuries you suffered, if s/he used a weapon or object, etc. If you are describing threats that the abuser made to you, don’t paraphrase the threat by saying, “S/he threatened to kill me.” Try to remember exactly what s/he said and give those details, such as “S/he threatened to slit my throat and throw me into the river.” Details often make testimony seem more believable (credible) to judges.

You may want to also practice at which point in your testimony you would offer each piece of evidence you have, such as screenshots of text messages or photos of injuries.  Hopefully, this would lessen the chance that you would forget to offer them to the judge while you are actually testifying in court. Be prepared to tell the judge what the evidence is that you are offering, how you came upon it, and why you are asking the judge to look at it. You can find more information on how to enter evidence during the hearing in Is there a process to admit evidence other than testimony?

You may want to make an outline or notes of the history of violence to bring with you to court. Depending on your state’s rules of evidence, even if you cannot read from the notes during your testimony, you may be able to refer to your notes when testifying to refresh your memory. Before taking your notes with you to the witness stand, be sure to ask the judge if it’s OK to bring notes with you in case you need to remember a date or other detail. However, be prepared to testify without them if the judge says, “No.”

In every state, there are certain factors that a judge is supposed to consider when deciding custody in order to determine what custody arrangement is in the child’s best interests. To find out what the “best interest factors” are in your state, you can go to the WomensLaw.org Custody page, enter your state into the drop-down menu and look for the question called something similar to “How will a judge make a decision about custody?” You may want to prepare as much evidence as you can that will address the factors that the judge in your state will consider. This can be your own testimony, witness testimony, documentary evidence, etc. Additionally, in many states, the judge may appoint a custody evaluator to interview the parties.