Evidence and Documentation in Indiana Domestic Violence Cases

How survivors in Indiana can build and protect evidence of abuse for court.

Evidence in Domestic Violence‑Related Cases (Indiana‑Focused Information)

What “evidence” can look like

In domestic violence‑related situations, “evidence” is any information that may help show what has been happening. This is general safety information with an Indiana focus and is not legal advice.

Common types of evidence may include:

• Text messages and messaging apps – threatening, controlling, or harassing messages, including screenshots that show dates, times, and phone numbers or usernames.
• Emails – messages that show threats, intimidation, stalking, or attempts to control access to children, money, or property.
• Call logs – records of repeated calls, late‑night calls, hang‑ups, or blocked‑number calls that may help show a pattern of harassment.
• Photos and videos – pictures of visible injuries, damaged property, torn clothing, or the scene after an incident, taken as safely as possible.
• Witness accounts – names and contact details of people who saw or heard incidents, or who observed changes (for example, a neighbour, coworker, family member, or service provider).
• Medical records – hospital or clinic visit notes, discharge paperwork, X‑rays, prescriptions, or doctor’s notes that describe injuries or stress responses.
• Police records – police reports, incident numbers, copies of protection orders, and information about prior calls for service.
• Other documents – social media messages, threatening posts, letters, voicemail recordings, or work records showing missed shifts or performance changes connected to incidents.

Keeping a written log or journal of incidents

Some people choose to keep a written record of what has been happening. This can help show a pattern over time.

If it is safe to do so, a log or journal might include:

• The date and approximate time of each incident.
• Where it happened (for example, at home, in a vehicle, at work, at a public place).
• Who was present or might have heard or seen what happened.
• What was said or done in simple, factual language (“they said X,” “door was broken,” “child was present”).
• Any injuries or damage, and whether photos or medical care were involved.
• Any contact with police, medical workers, schools, or other services related to the incident.

Some people:

• Use a notebook stored outside the home (for example, with a trusted person, in a locked drawer at work, or in a safe place that the abusive person cannot access).
• Type notes in an email account with a strong password, only if it is safe and the account is not shared or monitored.
• Send a brief summary email to themselves after major incidents, so there is a date‑stamped record.

Safety precautions when collecting and storing evidence

Evidence‑gathering should never be more important than immediate safety. If saving or collecting evidence increases risk, it may be safer to stop and focus on staying as safe as possible.

Possible steps to help keep evidence private and secure include:

• Use safer devices: When possible, use a device the abusive person cannot access, such as a work device, a trusted friend’s device, or a public computer.
• Change passwords: Use unique, strong passwords for email, cloud storage, and phones. Avoid using passwords the other person might guess (birthdays, pets, shared events).
• Store backups: Consider sending copies of screenshots, photos, or documents to a trusted person, or storing them in a secure online account that is not logged in on shared devices.
• Check cloud syncing: Shared cloud accounts can reveal photos, locations, and files. Turning off syncing or signing out of shared accounts may reduce this risk.
• Review app permissions: Location‑sharing, family monitoring apps, and shared calendars may expose movements or appointments, including court dates or meetings with lawyers.
• Label cautiously: If you must keep items in the home, keep them in neutral folders or files that do not clearly reveal what they are.

How evidence may be used in protection order hearings

This information is general and not Indiana‑specific legal advice. In Indiana, a court may look at different types of evidence when deciding whether to grant or extend a civil protection order.

Depending on the situation and the judge’s rules, examples of what might be presented include:

• Printed or screenshot copies of threatening texts, emails, or social media messages.
• Photos of injuries or property damage, with dates and short explanations.
• Copies of previous police reports or protection orders, if any exist.
• Medical visit summaries or other documents that describe injuries or stress symptoms.
• Testimony from the person asking for the order, and possibly from witnesses.

How evidence may be used in criminal cases

If police lay charges in Indiana, the case belongs to the state, not to the person who experienced the harm. Prosecutors decide what evidence to use, and there are rules about what is allowed in court.

Depending on circumstances and Indiana law, evidence in a criminal case might include:

• Police officer testimony and police reports.
• Photos of injuries, damage, or the scene, sometimes taken by police.
• Medical records or testimony from health‑care workers.
• Recordings of 911 calls, if available.
• Phone and digital records such as threatening texts, call logs, or voicemails.
• Witness statements from neighbours, family members, coworkers, or others.

Survivors may be asked to share materials they have kept, like screenshots or logs. Whether and how those materials can be used is governed by Indiana evidence rules, which a local criminal‑law attorney can explain in more detail.

How evidence may be used in family court

In Indiana family courts, judges may look at information connected to parenting time, decision‑making for children, and sometimes support or property issues. The court will follow Indiana law about what can be considered.

Examples of evidence that may be relevant in some family cases include:

• Prior or current protection orders and related court documents.
• Police reports related to domestic incidents or child‑welfare concerns.
• Medical or counselling records, when properly requested and allowed by the court.
• School records showing changes in a child’s behaviour or attendance, if relevant.
• Logs of incidents that affect parenting time or exchanges.
• Digital messages or emails about parenting arrangements, threats, or interference with contact.

Important warning about secret recordings

In Indiana, recording someone without their knowledge or consent can have serious legal consequences, depending on the circumstances and the state’s recording and privacy laws.

• Secret audio or video recording may be illegal in some situations.
• Even if a recording is possible to make, a court may not allow it to be used as evidence.
• Trying to record someone secretly can also increase personal risk if it is discovered.

Before making any recording of another person, especially without their knowledge, it is important to talk to an Indiana lawyer about the law on recording and whether it is allowed. This article does not replace legal advice.

Getting local legal support about evidence

Because rules about evidence are specific and can change, it is helpful to speak with someone who knows Indiana law. Local options may include:

• Indiana legal aid offices that help with civil protection orders or family law issues.
• Private attorneys who handle criminal defence, victim representation, or family law.
• Victim‑assistance programs that can explain how the process works and help connect with legal services.

When meeting with an Indiana lawyer or legal clinic, some people bring:

• A brief timeline of major incidents.
• Any court papers already received.
• Sample screenshots or documents (while keeping safety and privacy in mind).
• Questions about how to safely collect and store evidence, and what the court is likely to accept.

Recommended Articles

• Staying Safer with Phones, Email, and Social Media
• Understanding Protection Orders in Ontario
• Protecting Your Information When You’re Being Monitored
• Preparing for a Safety‑Focused Court Appointment
• Private Storage Options for Sensitive Documents