Evidence and Documentation in Arkansas Domestic Violence Cases
Guidance on building and organizing evidence for Arkansas domestic violence-related court matters.
Evidence and Documentation in Abuse Cases
Purpose of Evidence and Documentation
Evidence and documentation can sometimes help show a pattern of abusive or controlling behaviour. This can be important in protection order hearings, criminal cases, and family court matters like parenting or custody disputes.
Safety is always the priority. Collecting or storing evidence is optional, and it is important to consider whether it could increase risk if the abusive person finds it.
If you are unsure whether collecting or saving evidence is safe in your situation, consider talking with a local advocate or legal professional in your area before starting.
Common Types of Evidence
Different types of information can sometimes help show what has been happening over time. Not every type will be available or safe to collect in every situation.
Text Messages and Messaging Apps
- Text messages from phones, including threats, harassment, or controlling messages.
- Messages from apps such as WhatsApp, Signal, Facebook Messenger, or other platforms.
- Screenshots that show the sender, date, and time where possible.
Before taking screenshots, consider whether notifications, shared devices, or cloud syncing could alert the other person.
Social Media Messages and Posts
- Direct messages, comments, or posts that show threats, stalking, or harassment.
- Posts that show monitoring, public shaming, or unwanted contact.
- Screenshots that capture the account name, date, and time if they are visible.
Voicemails and Call Logs
- Saved voicemails that contain threats, harassment, or evidence of controlling behaviour.
- Call history showing repeated unwanted calls or late-night contact.
Some phone providers automatically delete old voicemails. If it is safe, consider saving important ones in another secure location.
Photos and Videos
- Photos of visible injuries, taken as soon as it is safe to do so and, if possible, over several days as bruising changes.
- Photos of damaged belongings, holes in walls, broken doors, or other property damage.
- Photos of threatening notes, damaged vehicles, or disturbed household areas.
When possible and safe, note the date, time, and where the photo was taken.
Property Damage Records
- Repair bills or estimates for damaged doors, windows, vehicles, or electronics.
- Insurance claims related to property damage.
- Landlord or property manager emails or letters describing damage.
Medical and Health Records
- Emergency room or clinic visit summaries.
- Discharge papers, imaging reports, or doctor’s notes that mention injuries.
- Records from counselling, physiotherapy, or other follow-up care if they refer to harm.
Access to records and how they may be used in court can vary. A legal professional in your area can explain how these documents might be requested or shared in your situation.
Keeping a Written Timeline or Incident Log
An incident log is a written record that lists important events over time. It can sometimes help with memory and organizing information for court or for conversations with a lawyer or advocate.
What to Include in an Incident Log
- Date and approximate time of the incident.
- Location (for example, home, workplace, parking lot).
- Who was present, including any potential witnesses.
- What happened in brief, factual language.
- Any injuries, property damage, or calls to police or medical services.
The log does not need to be detailed or emotional. Short, clear notes can often be easier to review later.
Keeping the Log Safely
- Use a notebook that is stored outside the home if possible, such as with a trusted person.
- Consider a document stored in a secure cloud account, if the account is private and not shared.
- If you use a phone or computer, check that there is no shared access or automatic syncing that the abusive person could see.
If there is any chance the log could be discovered and increase risk, it may be safer not to keep written notes or to store them completely outside your living space.
Storing Evidence in Secure Ways
How evidence is stored can affect both safety and whether it can be accessed when needed. There is no single right approach for everyone.
Physical Storage Options
- Keep printed screenshots, photos, and documents in a folder stored at work, with a trusted person, or in another safe location.
- Use a labelled envelope or notebook that does not draw attention.
- Store copies of police reports, medical records, and repair bills together so they are easier to find.
Digital Storage and Backups
- Save photos and screenshots in a password-protected folder or app, if the device itself is safe.
- Use a secure cloud storage account with a unique password and, where possible, two-step verification.
- Consider emailing copies of important files to a new, private email account that is not used on shared devices.
Be cautious with shared phone plans, shared Apple IDs, Google accounts, or family-sharing features, as these can reveal photos, messages, or locations to others.
Offsite Storage
- Keep a USB drive with copies of key documents in a secure offsite place, such as a safe deposit box or with a trusted person.
- Make sure the person storing items understands that they should not discuss it with others.
How Evidence May Be Used in Different Legal Processes
Courts and legal processes can work differently across regions, and outcomes can be hard to predict. The information below is general and not legal advice.
Protection Order Hearings
In some cases, evidence may be used to support a request for a civil protection order. Examples of what might be brought to a hearing can include:
- Printed text messages, emails, or social media messages that show threats, harassment, or patterns of control.
- Photos of injuries or property damage.
- Police reports or incident numbers, if police were called.
- Medical visit summaries related to injuries.
- A written timeline or incident log to help remember dates and events while speaking.
The judge may look at whether the information shows a pattern of behaviour or recent incidents. A lawyer in your state or territory can explain which documents are most useful for your situation.
Criminal Cases
If police lay charges, evidence is usually collected and managed by law enforcement and prosecutors. They may request copies of:
- Digital communications (texts, emails, messaging apps).
- Voicemails or call records.
- Witness statements.
- Medical records and photos taken by health professionals or police.
You may also be asked questions about any photos, logs, or other materials you have kept. A victim services worker or lawyer in your area can explain how to share what you have, and what to keep for yourself.
Custody and Parenting Disputes
In family court, evidence often focuses on the safety and best interests of children. Potentially relevant information can include:
- Incident logs that show patterns of threatening, coercive, or unpredictable behaviour.
- Messages or recordings that show interference with parenting time or child-related threats.
- School or daycare reports mentioning disruptive incidents.
- Police or child protection involvement, where applicable.
Family courts may have specific rules about what can be filed, how documents must be organized, and how to protect private information such as addresses. Local legal advice can help you understand these rules.
Secret Recordings and Legal Risks
Recording conversations, phone calls, or videos without the other person’s knowledge can raise serious legal issues. Laws about recording and privacy vary by location, and can affect:
- Whether a recording is legal to make.
- Whether it can be used in court.
- Whether making the recording could expose you to criminal or civil consequences.
Before secretly recording conversations, it is important to understand the law where you live. Talking with a lawyer in Arkansas or a legal clinic familiar with your region can help you understand the risks and possible alternatives.
Even if a recording seems helpful, it may not be allowed in court and could have unexpected consequences. Written notes, saved messages, or witness information may sometimes be safer options.
Getting Legal Guidance About Your Evidence
Because laws and court practices vary by state and province, and change over time, local legal advice is important. A lawyer who works with family, protection order, or criminal matters in Arkansas can:
- Explain which types of evidence may be most useful in your specific case.
- Advise how to organize documents for court or for meetings with legal professionals.
- Discuss privacy concerns and what information might become part of the public record.
- Help you balance safety, privacy, and the possible benefits of sharing evidence.
Community legal clinics, bar associations, or victim services programs in your area may be able to provide referrals to legal help. Additional support options across different regions can also be explored through resources listed at DV.Support.
Keeping yourself and any children as safe as possible is more important than collecting evidence. It is always acceptable to stop gathering or storing information if it no longer feels safe.