Evidence and Documentation in Hawaii Domestic Abuse Cases
A guide to documenting domestic abuse and using evidence in Hawaii legal processes.
Evidence in Hawaii Domestic Abuse Matters
Staying Safe While Collecting Evidence
Evidence can sometimes help with safety planning and with future legal processes, but collecting it can also increase risk if the person causing harm discovers it. Safety comes first. If gathering or keeping evidence feels unsafe, it may be better not to do it or to ask a trusted person or legal support service for guidance.
For information on services and supports beyond this website, you can explore national and regional options listed at DV.Support.
Examples of Useful Evidence
Evidence is anything that might help show what has been happening. In Hawaii, different systems (family court, criminal court, child protection) may consider a range of materials. Rules differ by case type and by judge.
Text Messages and Messaging Apps
Saved messages can sometimes show patterns of threats, control, harassment, or apologies after incidents. This may include:
- SMS or iMessage texts
- WhatsApp, Facebook Messenger, Instagram, Signal, or other app messages
Where it feels safe, people sometimes:
- Take screenshots that show the sender, date, and time
- Forward messages to a safe email account or to a trusted person
- Back up phone data to a secure cloud account that the abusive person cannot access
If the abusive person knows your passwords or has access to your phone or cloud accounts, saving or forwarding messages may alert them. Consider changing passwords only when it feels safe and, where possible, from a device they cannot access.
Emails
Emails may show threats, monitoring, financial control, or other patterns. Helpful details often include:
- Full email headers (showing sender, recipient, dates, and times)
- Any attachments that relate to the situation
Some people create a new, secret email address (with strong security) only for storing copies of important messages, if that feels safe.
Photos of Injuries or Property Damage
Photos can sometimes help show the impact of incidents, including:
- Visible injuries (bruises, cuts, swelling, etc.)
- Damage to walls, doors, furniture, or personal items
- Messed or broken items after an incident
Where safe, it can help if photos show:
- The date and time they were taken (through camera settings, phone metadata, or notes)
- The same injury over several days if it changes in appearance
- Wider views of the area, not only close-ups, to show context
If your photos sync automatically to shared devices or cloud accounts, the abusive person might see them. Check what devices are linked to your accounts when it is safe to do so.
Voicemails and Audio Messages
Voicemails or saved voice notes may show threats, intimidation, or repeated unwanted contact. When possible and safe, people sometimes:
- Save the original voicemail on the device
- Download or export a copy to a safe location
- Keep screenshots of call logs showing missed calls, repeated calls, or blocked calls
Medical Records
If a person seeks medical care after an incident, records may later help show what happened and when. This might include:
- Emergency room or clinic visit notes
- Doctor or nurse assessments
- Imaging or test results connected to injuries
Healthcare providers may also record how the injury occurred, based on what the patient shares. People in Hawaii can usually request copies of their own medical records, but procedures, fees, and timelines can vary by provider.
Police Reports and Related Documents
If police are called, a report may be created even if no charges are laid. Possible records include:
- Incident reports
- Arrest reports
- Witness statements taken by officers
Accessing police records in Hawaii generally follows local rules and processes. A legal clinic or lawyer can explain what might be available and how it might be used in different types of proceedings.
Incident Log or Journal
An incident log is a private record of events. It may help a person remember dates, details, and patterns over time. Some people find this helpful if they later talk to a lawyer, an advocate, or the court.
What to Include
When it feels safe, entries might note:
- Date and approximate time of the incident
- Location (home, car, workplace, public space, online, etc.)
- Who was present, including children or other witnesses
- What was said or done, in simple, factual language
- Any injuries or property damage
- Whether police, medical, or support services were involved
Some people also record screenshots, photos, or message copies alongside journal entries, stored in a folder with similar dates or labels.
Physical vs. Digital Journal
- Physical notebook: Can be kept outside the home or hidden, but may be discovered if the abusive person searches belongings.
- Digital document: Can be password-protected, but may be accessible if the abusive person knows device passwords or monitors accounts.
- Secure notes app: Some apps use extra security; this may help but is not risk-free if the device is regularly checked.
If the abusive person regularly checks your phone, computer, bag, or car, any kind of log could increase risk. In those situations, sharing information verbally with a trusted professional or support person may be safer than keeping written records.
Safe Storage and Backup Options
The safest option for storing evidence will depend on each person’s situation, how closely they are monitored, and what devices the abusive person can access.
Digital Storage
- Secure cloud storage: Some people upload files (photos, screenshots, records) to a cloud account that uses a strong, unique password and, where possible, two-factor authentication. It is important that the abusive person does not know this login.
- Separate email account: Sending evidence to a separate, hidden email address may help keep it off shared devices, if it is safe to manage an additional account.
- USB drive or external drive: Files can be copied onto a small drive and stored outside the home with someone trusted.
Physical Storage
- Trusted third party: Some people give copies of documents or USB drives to a trusted friend, family member, community leader, or advocate who is not in contact with the abusive person.
- Outside-home locations: Lockers at work, safety deposit boxes, or other secure places away from the residence may reduce the chance of discovery.
- Duplicates: Having more than one copy in different safe locations can reduce the impact if one copy is lost or destroyed.
Before using any storage method, it may help to imagine how the abusive person might search for information—on devices, in vehicles, in mail, or through shared accounts—and avoid options that are likely to be checked.
Evidence in Hawaii Protective Order Hearings
Hawaii family courts may consider different types of evidence in hearings for protective orders, such as Temporary Restraining Orders (TROs) and longer-term orders. Exact practices can vary by court and by judge.
Possible materials the court might review include:
- Text messages, emails, and social media messages
- Photos of injuries, property damage, or other relevant conditions
- Voicemails or call logs (if legally obtained)
- Medical records and police reports
- Witness statements or testimony
- Summaries from an incident log or journal
Court rules govern how evidence is presented and what is allowed. A local legal service, legal aid office, or private lawyer can explain what may be most helpful in a specific protective order request in Hawaii.
Evidence in Criminal Cases
If police lay charges related to domestic abuse in Hawaii, the case moves into the criminal system. The prosecutor generally decides what evidence to use and how to present it in court, following strict rules.
Evidence might include:
- Police officers’ observations and reports
- Recorded 911 calls, where available
- Witness statements
- Medical records and photographs
- Digital communications, if they can be properly authenticated and are allowed by the court
People involved as complainants or witnesses can often share information or materials with the investigating officers or prosecutor, but decisions about whether and how to use them are made within the criminal process. A lawyer can provide guidance about rights and options in a specific criminal case.
Evidence in Custody and Parenting Disputes
In family cases involving parenting time, decision-making responsibility, or custody, courts in Hawaii generally focus on the child’s safety and best interests. Allegations of family violence or controlling behaviour can be highly relevant, but the court will look for information it considers reliable.
Possible materials that may be considered include:
- Documentation of past incidents (including police or child protection involvement)
- Medical or counselling records related to safety concerns, where available and appropriate
- Text messages or emails that show patterns of threats, harassment, or interference with parenting
- Incident logs summarizing serious events
Family courts often have complex rules about privacy, children’s information, and what documents can be filed. Local legal support can help explain how evidence might affect a custody or parenting case in Hawaii.
Secret Recording and Hawaii-Specific Risks
Recording phone calls or in-person conversations without the other person’s knowledge can be risky from both a safety and legal perspective.
In the United States, including Hawaii, there are laws about when someone is allowed to record private communications. In some situations, recording a conversation without proper consent could be illegal and might affect safety, criminal liability, or how courts treat the recording.
- Even if a recording exists, a court may decide not to use it.
- If the abusive person discovers a secret recording, it may increase the risk of harm.
- Devices or apps used for recording can sometimes be detected.
Because recording laws can be complex and may change, it is safer not to secretly record conversations in Hawaii without first speaking to a lawyer about your specific situation.
Getting Legal Help to Use Evidence Safely
Evidence can be powerful but also complicated. Using it without advice can sometimes have unexpected effects in family, criminal, or immigration processes. Local legal guidance in Hawaii can help with:
- Understanding what types of evidence may help in a specific case
- Deciding how and when to share materials with police, court, or other services
- Protecting privacy and safety while using digital communications as evidence
- Responding if the abusive person presents misleading or manipulated evidence
Possible sources of legal support may include:
- Legal aid or community legal clinics (where available)
- Private lawyers with experience in family or criminal law
- Domestic violence advocacy organizations that offer legal information and referrals
These services can usually explain options, risks, and next steps, and may help prepare documents or organize evidence in a way that respects court rules and safety concerns.