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Evidence in Alberta Domestic Violence Cases

How Alberta survivors can safely gather and organize evidence for legal matters.

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EVIDENCE & DOCUMENTATION

Keeping Records Safely in Canada

Types of Records That May Help

Photos and Screenshots

Some people choose to keep visual records related to harm or threats. These can include:

Photos of injuries or damage to property (taken only when it feels safe to do so)
Screenshots of text messages, emails, social media messages, or call logs
Photos of items like damaged belongings, holes in walls, or broken doors

Try to include the date, time, and context when saving photos or screenshots, for example by naming the file or keeping short notes in a separate document.

Texts, Messages, and Call Logs

Digital communication can sometimes show patterns of behaviour over time. People may save:

Text messages, messaging app chats, emails
Voicemails and call logs showing frequent calls or missed calls
Threatening, harassing, or controlling messages

If it is safer, some people forward important messages to a trusted email account or trusted person, rather than keeping everything on a shared device.

Personal Notes or Logs

Written notes can help you remember dates and patterns. Logs may include:

Date and approximate time of incidents
What happened in simple, factual language
Who was present or who you told afterward
Any steps you took, such as seeking medical care or calling police

Logs do not have to be perfect or detailed. Short, simple, date-based notes can still be useful later.

Medical Records

Medical records can show that you sought care. These may include:

Visit summaries or discharge papers from clinics or hospitals
Doctor or nurse notes about injuries or stress
Prescriptions or referrals related to physical or mental health impacts

You can usually ask your health-care provider or clinic for copies of your records or visit summaries. Processes and fees may vary by province or territory.

Police Reports and Incident Numbers

If police have been involved, there may be records such as:

Incident numbers or file numbers for each call or visit
Written statements you gave
Copies of any charges or release conditions

In many areas, you can request a copy or summary of a police report. How to do this and what you can receive will depend on local police policies and privacy laws.

Keeping Digital Records Safely

Safer Storage Options

Digital safety needs are different for each person. Some choose to store information:

In a password-protected email account that is not shared and not easily guessed
In a secure cloud storage account (for example, password-protected drive or notes app)
On a device that the other person does not use (for example, a trusted friend’s phone)
On an encrypted USB drive kept in a safe place outside the home, if possible

If someone else knows your passwords, has access to your devices, or is very skilled with technology, storing records on shared or monitored devices may increase risk.

Reducing Digital Traces

Some people decide to:

Turn off automatic photo backups if the other person can access those backups
Avoid naming files in ways that clearly show they are about abuse or court
Log out of accounts after use, especially on shared devices
Use privacy settings or incognito/private browsing for research about safety

You can also review tips on checking devices for monitoring and safer online habits in resources such as Digital Safety and Monitoring.

If Devices May Be Monitored

If you are worried that your phone, computer, or online accounts are being watched, it might be safer to:

Avoid storing sensitive records on that device
Use a device at a library, community centre, or trusted person’s home when possible
Keep physical copies with someone you trust, if that feels safer

Trust your sense of what feels safe. You do not have to collect or store any record that increases your risk right now.

How Records May Be Used in Alberta Protection Order Hearings

Emergency Protection Order (EPO) Hearings

In Alberta, Emergency Protection Orders are usually first granted without the other person present, and then reviewed later in court. At the review hearing, a judge may consider different types of information, such as:

Saved texts, emails, and call logs showing threats or harassment
Photos of injuries or property damage
Medical visit summaries related to injuries or fear
Police reports, incident numbers, or information about past calls to police
Your own notes or logs describing patterns of behaviour

What a judge will accept and how much weight they give it depends on the court, the judge, and the specific situation.

Court processes, forms, and evidence rules can change over time. For up-to-date guidance on EPOs and related supports across Canada, you can explore resources listed at https://www.dv.support.

Queen’s Bench Protection Order Hearings (Alberta)

Some Alberta cases move to the Court of King’s Bench (previously called Queen’s Bench) for longer-term protection orders or for EPO reviews. In these hearings, the court may look at similar types of material, such as:

Copies of earlier EPOs, no-contact terms, or bail conditions
Medical and counselling records you choose to share
Police records and any existing criminal charges
Digital communications that show patterns over time

The court has its own rules about how to share documents, deadlines, and how witnesses give evidence. These rules can be technical and may change.

If you are working with duty counsel, a legal clinic, or another support person, you can ask how your records might be used and what format the court prefers.

Use of Records in Parenting and Family Court Cases

Parenting, Contact, and Decision-Making

In parenting and family law matters (such as decision-making responsibility, parenting time, or contact), courts often focus on the best interests and safety of children. Depending on the case, the court may look at:

Police reports related to family violence or harassment
Protection orders and any breaches of those orders
Messages about parenting exchanges, threats, or interference with contact
Medical records related to injuries, stress, or impacts on children
Notes or logs that show patterns, such as missed pick-ups or unsafe behaviour

The judge decides what is relevant. Not every record will be shared or accepted, even if you bring it.

Privacy Considerations in Family Cases

Some records, like medical or counselling notes, contain very personal information. In many cases, there are rules about:

When and how these records can be given to the court
Whether the other party can see full copies
How children’s privacy is protected

It can be helpful to ask a legal clinic, duty counsel, or trusted advocate what kinds of records are commonly used in family cases in your province or territory and what privacy limits may apply.

Recording Conversations: Canadian Law Reminder

One-Party Consent in Canada

In Canada, criminal law about recording conversations is generally based on “one-party consent.” This usually means that a conversation can be recorded if at least one person in the conversation consents to the recording.

If you are part of the conversation, you are typically allowed to record it without telling the other person.
If you are not part of the conversation, recording it without at least one participant’s consent is usually not allowed.

This is only a general reminder. There can be important differences between criminal law, privacy law, and family or civil court rules in each province or territory, and laws may change over time.

How Recordings May Be Treated in Court

Even if a recording is legal under criminal law, a judge in a protection order, parenting, or other family case may:

Allow it and consider it as part of the evidence
Allow it but give it limited weight
Decide not to consider it at all

Courts may also look at how the recording was made, whether it puts children in the middle of conflict, and whether it increases risk to anyone.

Safety and Practical Considerations

Before recording conversations, it may help to think about:

Whether the other person is likely to react in a dangerous way if they find out
Where the recording will be stored and who might access it
Whether there are safer ways to document behaviour, such as messages or logs

If you have access to legal information or advice, you can ask specifically about recordings in your type of case and in your province or territory.

Balancing Documentation and Safety

Collecting records can sometimes help in legal processes, but it can also create risk if the other person discovers them. It is okay to:

Collect only what feels manageable and safe
Store some information with a trusted person or in a safer location
Choose not to collect certain records if that increases your risk

Your safety in the present is at least as important as any record that might help in the future.