When someone files for a Domestic Violence Protection Order (DVPO) in Washington, their safety often depends on the court understanding the full picture of what has happened. The judge must determine whether domestic violence occurred and whether a protection order is necessary to prevent future harm. The strength and clarity of the evidence you present can make all the difference.
A DVPO case doesn’t require the same level of proof as a criminal trial, but courts still rely heavily on specific, credible, and detailed evidence to make a ruling. Below are some examples of evidence that may be helpful when requesting a DVPO.
- Your Declaration: The Most Important Evidence
Your sworn declaration (the written statement filed with your DVPO petition) is the foundation of your case.
Each case is different but some factors that make a strong declaration include:
- Describing events in clear (often chronological order). Judges need a timeline - what happened, when, and how often.
- Include specific actions or threats. Vague statements (“he was abusive”) are not enough. The more detailed the better.
- Explain how the behavior made you feel or why it caused fear. Washington law requires showing fear of harm or coercive control.
- Tie past incidents to present danger. The court must understand why an order is needed now. So, if you provide background information or details of events from long ago, clarify why that information is important for right now.
Your declaration is your voice in the courtroom, and judges rely on it heavily.
- Describing events in clear (often chronological order). Judges need a timeline - what happened, when, and how often.
- Text Messages, Emails, and Social Media Evidence
Written communications are some of the most persuasive forms of evidence because they show the respondent’s own words.
Helpful examples include:
- Threatening messages
- Apologies that admit harmful behavior
- Harassing or obsessive communication
- Attempts to control your day-to-day activities
- Messages showing stalking or monitoring
- Violations of a prior order
Tips for presenting this evidence: - Provide screenshots that show the sender, date, and time
- Highlight or excerpt key messages in your declaration
- Avoid overwhelming the court with hundreds of pages where possible - choose the strongest examples
- Explain context in your declaration when necessary
- Threatening messages
- Photos, Videos, and Voicemails
Visual and audio evidence can directly support your description of abuse.
Common examples:- Photos of injuries or bruises
- Damaged property (walls, doors, furniture, broken items)
- Photos of weapons or threats involving weapons
- Screenshots of caller logs or voicemail transcripts
- Videos capturing yelling, intimidation, or violence (be careful regarding Washington’s recording laws and speak to an attorney if you have questions)
- Photos of injuries or bruises
- Police Reports and Criminal Records
Police involvement strengthens the DVPO because it provides third-party documentation. This can include incident reports, bodycam footage, 911 call recordings or transcripts, etc. - Medical Records and Disclosures to Providers
If you sought medical or mental health treatment related to abuse, the records can be strong corroboration. Examples might include ER or urgent care records, mental health therapy records, documentation from your physician discussing injuries, etc. Make sure to file records properly under seal if including them in your exhibits. - Witness or Third-Party Declarations
While DV often occurs behind closed doors, witnesses can provide important context. Courts will consider general “character statements” but the most persuasive third-party witness declarations will be specific. Perhaps a neighbor overhead or saw an incident. Perhaps you confided in a family friend contemporaneously with the incident. Perhaps a teacher or medical provider spoke with a child and noticed changes. Witness declarations should be brief, factual, and signed under penalty of perjury.
Organizing Evidence for Court
Judges often have only a few minutes to review your petition at the temporary hearing. A clean, organized presentation is essential.
Tips:
- Number every exhibit
- Refer to each exhibit by number in your declaration
- Provide dates for each piece of evidence
- Keep it short but specific
- Focus on patterns, escalation, and fear
- Avoid long digressions or unrelated relationship history
Think: Clear, concise, and connected to safety.
In a Washington DVPO case, evidence doesn’t need to be perfect, but credibility and specificity are important. Whether you have photos, texts, police reports, or simply your own detailed statement, presenting it thoughtfully can make the difference in securing the protection you need. The laws related to Protection Orders can be confusing. Speaking with an attorney to better understand those laws and how they related to your case can be very important. Call today 425-800-0576for a free case telephone case evaluation at Magnuson Lowell, PS.
