By Jessica Croker, Senior Associate
For 15 years, I served as a prosecutor, including four years as Chief of the Domestic Violence Unit for the Cape and Islands and Plymouth County District Attorney’s Offices. During that time, I handled hundreds of domestic violence cases and worked closely with law enforcement to ensure investigations were thorough, evidence was properly preserved, and cases were documented to withstand courtroom scrutiny. I also stood beside victims as they navigated the criminal justice system during some of the most difficult moments of their lives.
That experience has given me a deep understanding of how domestic violence is investigated, documented, and litigated-insight that is now critical in my divorce and custody practice. Domestic violence takes many forms. While physical abuse is often the most visible, abuse frequently includes patterns of coercive control designed to intimidate, isolate, or dominate another person. It may involve physical, sexual, emotional, psychological, verbal, or financial abuse. In family court, all forms of abuse can significantly affect divorce and custody proceedings. In Massachusetts, courts determine custody based on the “best interests of the child” standard. Evidence of domestic violence is weighed heavily in decisions regarding custody, parenting time, property division, spousal support, and protective measures. Proper documentation is essential to protect yourself and your children.
How to Document Domestic Violence Effectively
If you are experiencing abuse, clear and organized documentation can strengthen your credibility and allow your attorney to advocate effectively on your behalf.
Keep a Detailed Journal
- Record dates, times, and locations.
- Provide factual descriptions of incidents and identify witnesses.
- Note whether children were present or affected.
Photograph Injuries or Property Damage
- Take photos as soon as possible.
- Use good lighting and multiple angles.
- Continue documenting injuries as they develop (e.g., bruising).
Obtain Medical Documentation
- Seek medical care, even for seemingly minor injuries.
- Explain how the injury occurred so medical staff accurately document it.
Preserve Digital Evidence
- Save texts, emails, voicemails, social media posts, and security footage.
- Take screenshots but retain original messages when possible.
- Do not record conversations without consent, as this may expose you to criminal liability.
Document Financial Abuse
- Maintain bank and credit card statements.
- Record restricted access to funds or unauthorized spending.
- Preserve evidence of hidden accounts or coerced financial decisions.
Collect Witness Information
- Document what friends, family, or colleagues have observed.
- Gather statements promptly, while recollections are fresh.
Retain Official Records
- Keep copies of restraining orders, affidavits, police reports, and 911 records.
Document the Impact on Children
- Preserve school, therapy, or DCF records.
- Note behavioral changes, missed parenting time, or exposure to conflict.
Organize all records chronologically and provide them to your attorney. This documentation can support requests for restraining orders, supervised visitation, and custody determinations. The Court will base decisions on credible, documented evidence, not simply competing allegations. Without proper documentation, even serious abuse can be underestimated or overlooked.
As a former Domestic Violence Unit Chief, I understand how abuse patterns develop, how cases are evaluated by courts, and how protective measures intersect with custody and parenting time. I apply that experience to advocate strategically and effectively for clients navigating divorce and custody disputes, always with a focus on safety and the best interests of the children. I am currently accepting new clients and am committed to providing knowledgeable, thorough, and compassionate representation in these complex and sensitive matters.