Evidence and Documentation in Alaska Domestic Violence Cases
A survivor-focused explanation of documenting abuse and using evidence in Alaska courts.
Evidence and Documentation in Alaska Domestic Violence Matters
Why Evidence Can Be Important
In Alaska, written, digital, and physical evidence can help show a pattern of harm or threats. This may be useful when asking for a protective order, dealing with custody and parenting time, or when police and prosecutors are looking at criminal charges.
Evidence does not need to be perfect or complete. Even small pieces of information may help give a clearer picture of what has been happening over time.
Common Types of Evidence
Text Messages and Messaging Apps
Messages can show threats, harassment, stalking, control, or apologies after harm. These might include:
- SMS text messages
- Messages on apps (WhatsApp, Facebook Messenger, Instagram, Snapchat, Signal, etc.)
- Direct messages through social media accounts
When it feels safe, some people keep:
- Screenshots that show the phone number, username, and date
- Full message threads instead of only single messages
- Backups to a safe email or cloud account they control
Emails
Emails can show threats, harassment, financial control, or monitoring. They may include:
- Emails from the person causing harm, including threats or orders
- Emails that show patterns, such as repeated messages after being asked to stop
- Emails from employers, schools, or others describing concerning behaviour
In some situations, it may help to keep the full original email with headers and timestamps, not only a screenshot.
Voicemails and Call Logs
Voicemails can sometimes show tone, threats, or repeated unwanted contact. Call logs can show patterns such as:
- Repeated calls late at night or during work
- Blocked or unknown numbers calling many times
- Calls made just before or after an incident
Some people save voicemails and take screenshots of the call history in case the record changes or is deleted.
Photos and Videos
Photos and videos may help show:
- Visible injuries
- Damage to property, such as holes in walls or broken items
- Harassing notes or written threats
- Patterns in the home, such as doors damaged or locks broken
It can be helpful to record dates when photos or videos were taken, especially if the device does not clearly show the date later.
Medical Records
Medical and health records can sometimes support a history of harm. These may include:
- Emergency room or clinic visit summaries
- Doctor or nurse notes describing injuries
- Mental health or counselling notes related to safety concerns (if it feels safe to use them)
- Prescriptions or treatment plans related to injuries
Health records can be sensitive and private. Before sharing them, many people speak with a lawyer or legal aid in Alaska about how those records could be used in their type of case.
Witness Statements and Other Documents
Sometimes other people have seen or heard parts of what has been happening. Evidence may include:
- Written statements from friends, family, neighbours, or coworkers
- School records describing changes in behaviour or safety concerns
- Workplace incident reports or emails to supervisors about safety
- Police reports or incident numbers, even if no charges were laid
Witnesses do not need to have seen everything. Even small pieces, like hearing yelling or seeing damage, may be useful.
Safety-Focused Tips for Storing Evidence
Gathering and keeping evidence can improve safety in some situations, but it can also increase risk if the person causing harm finds it. Decisions about evidence are personal and depend on current risk.
Thinking About Digital Safety
Some people who cause harm may monitor phones, computers, or online accounts. This can include checking messages, using shared cloud services, or installing tracking apps.
If there is concern that a device might be monitored, it may be safer to use a different device (for example, a library computer or a trusted person’s phone) for sensitive searches or communications. General digital-safety tips are also discussed in many online resources about technology and abuse.
Off-Device Backups
To reduce the risk of losing evidence if a device is taken or destroyed, some people:
- Email screenshots or files to a safe email account that is not shared and has a strong, unique password
- Use a secure cloud storage service, with two-factor authentication, that the person causing harm cannot access
- Save copies of important files on an encrypted USB drive kept in a safe place outside the home, if possible
When using any backup option, it is important to consider whether account notifications or shared devices might reveal the backup activity.
Trusted Contacts
Some people ask a trusted person to hold copies of evidence, especially if home does not feel secure. This might include:
- Forwarding key emails or screenshots to a trusted friend or relative
- Having someone store physical documents, a notebook, or USB drives
- Letting a trusted person know that they may be contacted as a witness if they feel comfortable
When choosing a trusted contact, it can help to think about their relationship with the person causing harm and whether they can keep information confidential and secure.
Organizing a Personal Record
Some people keep a simple, private log of events. This might include:
- Dates and approximate times of incidents
- What was said or done, in general terms
- Names of any witnesses or people told about the incident
- Whether police, medical, or other services were involved
This log can be written on paper or kept in a secure digital note, depending on what feels safer.
How Evidence May Be Used in Alaska
Every situation is different, and courts or police in Alaska may treat evidence differently based on the type of case and the specific facts. The information below is general and not legal advice.
Protection Orders
In Alaska, people can ask the court for a protective order (sometimes called a domestic violence protective order). Evidence may help the judge understand what has been happening. This might include:
- Printouts or screenshots of threatening or harassing messages
- Photos of injuries or property damage
- Medical visit summaries describing injuries
- Police incident numbers or reports, if police were called
- Statements from witnesses who saw or heard incidents
A judge may still grant a protective order without extensive documentation if they find the testimony credible. Evidence can support, but is not always required for, a request.
Custody and Parenting Time
In family law matters, Alaska courts generally focus on the best interests of the child. Domestic violence can be an important factor in that assessment. Evidence might help the court understand:
- Patterns of controlling or threatening behaviour
- Whether children have witnessed harm or been directly affected
- Safety concerns during exchanges or visits
- Any impact on a caregiver’s ability to work or attend appointments
Courts sometimes consider text messages, emails, school reports, photos, and witness information when making decisions about custody and parenting time. How much weight each piece of evidence receives depends on the judge and the details of the case.
Criminal Investigations and Charges
In Alaska, police and prosecutors decide whether to lay or pursue criminal charges. Evidence may help them:
- Understand what offences may have occurred
- Assess patterns and seriousness, not just a single event
- Corroborate statements from the person harmed and any witnesses
- Prepare for court, including cross-examination and trial
Some types of evidence (like phone records or certain digital data) may need to be collected or preserved in specific ways to be used in a criminal case. Police or prosecutors may give guidance about what they need and how to provide it.
Important Caution About Recordings
Secretly recording phone calls, video, or in-person conversations can raise serious legal issues. Recording laws vary from state to state, and the rules for using recordings in court can be complex.
- Some places allow recording if at least one person in the conversation consents; others have stricter rules.
- Even if a recording is technically legal, a court may limit how it can be used.
- Recording may increase risk if the person causing harm discovers it.
Before making secret recordings or sharing existing recordings, it is wise to speak with a lawyer or legal aid service familiar with Alaska law to understand possible risks and benefits.
Getting Legal Information and Support in Alaska
For Alaska-specific guidance about using evidence in protective orders, custody, or criminal matters, people often:
- Consult with a private Alaska family or criminal law attorney
- Contact Alaska legal aid or pro bono services to ask about eligibility
- Ask local domestic violence or legal advocacy organizations for general information
These services can explain how different types of evidence are usually treated in Alaska courts, how to safely share information, and what options may be available in a particular situation. Additional support options across North America, including many that can be contacted from Alaska, can be found through resources listed at DV.Support.
Balancing Safety and Documentation
Keeping evidence is only one part of safety. Some people decide that trying to save or organize evidence could increase their risk if it is discovered. Others rely more on witness support, police records, or testimony in court.
It may help to:
- Check in regularly with a trusted support person about changing risk
- Adjust how and where evidence is stored if the situation changes
- Ask an Alaska-based lawyer or advocate what types of documentation may be most helpful for the goals in mind
There is no single right way to document abuse. The approach can change over time as needs and safety conditions change.