3. Gather your information

To apply for a private prosecution, you need to have the following information about the person you believe committed the crime:

• their name and address
• their birthdate, if possible

You also need to have information about the crime you believe they committed, including:

• what they did to you
• when it happened
• where it happened
• any information or evidence you have that can help prove what happened
• any witnesses you might have and their contact information

A witness is someone who has direct, personal knowledge about the crime. This means they personally saw or heard something that can help prove that the accused is guilty. For example, a witness can tell the court that they saw the accused leaving the scene of the crime. But a witness can't tell the court about things that other people saw or heard. For example, a witness can't say that their brother saw the accused leaving the scene.

Before you list someone as a witness, make sure they are willing to come to court and testify about what they know.

Do not list a child as a witness. If a child is a witness to the crime you want to prosecute, you should either talk to a lawyer or tell the police. The police have special rules for situations involving child witnesses.

If you want to prosecute someone because they violated a court order, such as a bail, probation, or restraining order, you must have a copy of the order.