Evidence in British Columbia Domestic Violence Cases
How survivors in BC can collect and preserve documentation safely.
Safely Gathering and Storing Evidence of Relationship Harm
1. Common Types of Evidence
Texts, Emails, and Messages
Written communication can sometimes help show patterns of threats, control, or harassment.
- Save text messages, emails, messaging app conversations, and social media messages.
- Include dates, times, and contact names or numbers where possible.
- Consider taking screenshots in case messages are deleted or accounts are lost.
Photos and Videos
Photos and videos may capture damage to property, injuries, or other concerning behaviour.
- Take photos as soon as it feels safe to do so, including close-up and wider shots.
- Where safe, include items that show scale or context (for example, a door frame, furniture, or a clock).
- Keep original files whenever possible, as editing can affect how they are viewed later.
Logs and Journals
Written logs can help show patterns over time, even when there is no formal report.
- Record dates, times, locations, and what happened in simple, factual language.
- Note anyone who may have seen or heard something.
- Include how the situation affected your safety or daily life (for example, missed work, school, or medical appointments).
Police Reports and Official Records
Official records can add to the picture of what has been happening over time.
- Police reports, occurrence numbers, and call logs (if you have them).
- Medical visit summaries, discharge papers, or doctor’s notes that mention injuries or safety concerns.
- School, workplace, or shelter notes that mention safety issues or incidents.
Not everyone will have all of these types of evidence. Any single piece can still be important. Your safety matters more than collecting documents.
2. Safer Storage and Backups
Reducing the Risk of Discovery
Evidence can increase risk if the person causing harm finds it. Consider options that fit your situation.
- Use a device the person does not access, if possible (for example, a trusted friend’s phone or a work computer, if safe).
- Avoid obvious folder names like “abuse” or “evidence”. Use neutral labels instead.
- Regularly clear “recent files”, download folders, and browser history if that is safe to do and will not raise suspicion.
Digital Backups
Backups can help if a phone is taken, broken, or reset.
- Email copies of screenshots or logs to a trusted person, if that does not increase risk.
- Use secure cloud storage with a strong, unique password and, if possible, two-factor authentication.
- Consider a separate email account that is not shared and is not logged in on shared devices.
Physical Storage
Physical copies can be helpful, especially if digital access is limited.
- Print key messages or photos and store them somewhere the person cannot easily access (for example, with a trusted person, at work, or in a locker).
- Keep a small written log or notebook in a safe location, not beside shared devices.
- If you keep items at home, choose a place that will not draw attention if discovered.
If collecting or storing evidence could increase your risk, it may be safer to focus on immediate safety planning instead. In some situations, even small changes in device use can raise suspicion.
3. How Evidence May Be Used in Protection Orders
Across Canada, people can usually ask a court for a protection order or similar safety order, but the name and process differ by province and territory.
- Messages, photos, logs, and police reports can sometimes be used to show a pattern of threats, harassment, or violence.
- Court forms may ask for dates, examples, and any documents that support what you are describing.
- Logs can help you remember dates and sequences, even if you do not file them with the court.
Court decision-makers generally look at the overall pattern and current safety concerns, not only one message or event. Having some evidence can help show what has been happening, but it is still possible to ask for a protection order without extensive documents.
The rules for what evidence a court will accept and how it must be presented vary by province and territory. Local legal clinics, duty counsel, and family justice services can explain options in your area.
4. How Evidence May Be Used in Parenting and Custody Cases
In parenting and custody cases, courts are usually required to focus on the best interests of the child. Safety is a major part of that analysis.
- Evidence of threats, controlling behaviour, or exposure to conflict may be considered when deciding parenting time and decision-making responsibilities.
- Logs may help show how conflict affects children’s routines, school, medical care, or emotional well-being.
- Messages about parenting arrangements, missed exchanges, or unsafe behaviour during visits can sometimes be relevant.
Courts may give different weight to different kinds of evidence. What is most important can vary depending on the laws in your province or territory and the specific situation.
This information is general and does not replace legal advice. A local legal clinic or duty counsel service may help explain how evidence is usually handled in family courts in your area.
5. Important Caution About Recording Laws in Canada
Before secretly recording conversations, it is important to know that recording laws can be complex and the impact on your safety can be serious.
- Canada has criminal laws about intercepting private communications. In some situations, a person can legally record a conversation they are part of, but not a conversation between other people.
- Provinces and territories may also have privacy and recording rules that affect whether recordings can be used later in court or by other authorities.
- Even if a recording is technically lawful, it may not always be helpful in a legal process, and attempting to record can increase risk if discovered.
If you are considering recording, it may be safer to first get information from a legal clinic, duty counsel, or another qualified legal resource in your province or territory. This page does not give legal advice or guarantee how any court will treat recordings.
For additional information on safety, legal and support options across Canada, you can explore resources listed at DV.Support. These services are separate from this site and may offer more region-specific guidance.