Is it necessary to certify medical records for a restraining order case, and how would one go about it?

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Is it necessary to certify medical records for a restraining order case, and how would one go about it?

I have been admitted to a hospital following domestic violence. I need this evidence used in court. I read that those records might need to be certified. How would one go about it?

Asked on April 1, 2012 under Family Law, California

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

Getting evidence in a form that is admissable in Court is a tricky and technical thing to do.  It can be done with a business records affadavit, or through a subpoena.  It can also be done through a documents service, who will do a deposition on written questions.  Each form has it's own requirements and timelines.  I strongly suggest you talk with a good family law attorney in your area to protect yourself.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation. There are various ways that this can be done in a legal setting.  The best thing may be to fill out an HIPAA compliant authorization and to send it to the hospital and request that they be forwarded to the courts listing the docket number on the authorization.  A subpoena is also a possibility.  Good luck to you.


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