Evidence and Documentation in Colorado Domestic Violence Cases
Guidance for survivors in Colorado about building and using evidence in DV-related matters.
Evidence in Colorado Domestic Violence Cases
Understanding Evidence in Colorado
Evidence can play an important role in Colorado domestic violence–related court processes, including protection orders, criminal cases, and family law matters. The information below is general, not legal advice. Laws and court practices change, and each situation is different.
Common Types of Evidence Survivors May Collect
Text Messages and Messaging Apps
- Screenshots of text conversations, including date and time stamps.
- Exported chat histories from apps like WhatsApp, Facebook Messenger, or other platforms.
- Evidence that messages were deleted or changed, if available.
When possible, save entire conversations so messages appear in context, not just single screenshots.
Emails
- Emails that contain threats, harassment, apologies, or controlling language.
- Emails about finances, child care, or other issues that show patterns of control or intimidation.
- Headers showing dates, times, and sender/recipient information.
Call Logs and Voicemails
- Phone records showing frequent, repeated, or late-night calls.
- Logs indicating blocked or missed calls.
- Saved voicemails that include threats, intimidation, or other concerning content.
Phone companies may only keep call records for a limited time. A Colorado lawyer can explain how to request records when appropriate.
Photos and Videos
- Photos of visible injuries, taken as soon as it is safe, and again as they heal.
- Photos of damaged property, holes in walls, broken phones, or other signs of an incident.
- Pictures of messages written on paper, doors, or vehicles.
- Photos of hospital bracelets, medications, or medical devices related to an incident.
If you appear in the photo, that can sometimes help show when and where the image was taken. Many phones automatically record date and time data, which may be useful later.
Recordings of Conversations (Legal Caution)
Colorado is generally considered a “one-party consent” state for audio recordings, meaning at least one person in the conversation must consent to the recording. However, there are important exceptions and additional laws that may apply, including laws about privacy and certain kinds of electronic communications.
Medical Records
- Emergency room records after an incident.
- Clinic or doctor visit notes describing injuries or stress symptoms.
- Discharge summaries, imaging reports, or prescriptions related to injuries.
Medical records can sometimes help show the timing and extent of injuries. Access to these records usually requires your consent, and sharing them in court can affect privacy. A lawyer can help you weigh these issues.
Counseling and Support Service Records
- Attendance records from counseling, support groups, or advocacy services.
- Letters from counsellors or advocates, when appropriate and with your consent.
- Safety planning notes or documentation that may show patterns over time.
Safety Tips for Storing Evidence
Physical Safety First
Only collect or store evidence if it does not increase your risk. If the person causing harm monitors your phone, computer, or movements, it may be safer to pause collection or use outside support.
Digital Storage and Backups
- Use password-protected folders, apps, or cloud storage that the abusive person does not know about.
- Upload photos, screenshots, and documents to a secure account that is not shared and uses a strong, unique password.
- Label files in neutral ways (for example, using dates) instead of emotionally charged titles.
- Consider using two-factor authentication, but avoid using a phone number or email account the abusive person can access.
Trusted Third Parties
- Send copies of screenshots or documents to a trusted friend, family member, or advocate for safekeeping.
- Consider asking a lawyer, when you have one, how they prefer to receive and store evidence.
- If you share evidence with someone else, discuss safe ways to communicate and store information so it is not accidentally revealed.
Device and Account Safety
- Log out of personal accounts on shared devices.
- Clear browser histories and downloads when it is safe, especially after researching legal topics or support services.
- Use a different email or cloud storage account that is not linked to shared devices.
How Evidence May Be Used in Colorado Cases
Civil Protection Order Hearings
In Colorado, civil protection orders (sometimes called restraining orders) may be requested when there is alleged domestic abuse, stalking, harassment, or other conduct. Evidence may help a judge understand:
- What has happened in the past (texts, photos, emails, medical records).
- Any recent incidents or threats.
- Patterns of behaviour over time, not just one event.
A judge may consider written statements, live testimony, and exhibits like screenshots or call logs. A Colorado lawyer can explain what types of evidence are commonly used in protection order hearings and how to organize them.
Criminal Domestic Violence Prosecutions
When police are involved, the state (through the prosecutor) decides whether to file criminal charges. In Colorado criminal cases, prosecutors may use evidence such as:
- Police reports and officer body camera footage.
- Photos, medical records, and damaged property.
- Witness statements and 911 recordings.
- Messages, emails, and social media posts.
Survivors may be asked to provide copies of evidence they collected. Sharing information with a prosecutor can have legal implications, especially if there are parallel family law or immigration issues, so some people choose to speak with a Colorado defense or victim-rights lawyer before handing over personal materials.
Custody and Parenting Time Disputes
In Colorado family law cases involving decision-making responsibility and parenting time, courts generally focus on the best interests of the child. Evidence of domestic violence may be relevant to:
- Parenting-time schedules and exchanges.
- Supervision or restrictions on contact in some situations.
- Conditions meant to enhance safety, such as safe exchange locations.
Judges may review messages, police reports, protection orders, and other materials. At the same time, some evidence (like private therapy notes) can raise complex questions. Local legal support can help you weigh what to share and how.
Legal Caution About Recordings
Although Colorado is often described as a one-party consent state for recording conversations, recording can still create legal risks. For example:
- There may be limits on recording conversations you are not part of.
- Certain types of electronic or online communications are covered by additional laws.
- Secret recordings may affect how a judge views a case, even if technically permitted.
Getting Local Legal and Support Resources
Because each case is unique, the most useful evidence in one Colorado domestic violence matter may be different from another. Local lawyers can:
- Help you understand which evidence is most relevant for your goals (safety, protection orders, criminal process, or family law).
- Explain how to preserve digital information in ways courts are more likely to accept.
- Discuss privacy, immigration, and confidentiality concerns before you share records.
In addition to lawyers, local domestic violence programs and community organizations may help with safety planning around evidence collection and storage. Additional support options across the United States can also be found through resources listed at DV.Support.
This information is not legal advice and is not a substitute for speaking with a licensed Colorado attorney about your specific circumstances.