Evidence & Documentation in Maine Domestic Violence Cases
How to safely document abuse and use evidence in Maine courts.
Safely Collecting and Storing Evidence of Abuse
Common Types of Evidence
Messages and Online Communication
Written and digital communication can sometimes help show a pattern of behaviour over time.
- Text messages and chat apps (SMS, WhatsApp, Messenger, etc.)
- Emails
- Direct messages on social media
- Voicemail or call logs (time, date, missed calls)
If it feels safe, you may choose to:
- Take screenshots that show dates, times, and contact names
- Export chat histories or email threads
- Write down summaries of important calls (date, time, what was said)
Photos and Videos
Visual records may help show injuries or damage, but they can also increase risk if discovered.
- Photos of injuries (include something to show scale, like a coin or ruler, if safe)
- Photos of damaged property, holes in walls, or broken items
- Photos of threatening notes or messages written on objects
- Photos of medical devices, prescriptions, or bandages connected to an incident
Consider whether having photos or videos on a shared device could put you at risk. Only create or keep images if it feels as safe as possible for your situation.
Personal Logs or Journals
Written notes can help you remember details and may support other information later on.
- Dates and times of incidents
- What was said or done, in your own words
- Who was present or might have heard or seen something
- Any injuries, damage, or impacts on work, school, or children
This can be done in a notebook, on a computer, or in a calendar. Choose a method that feels safest, including how easy it would be for someone else to find it.
Medical and Police Records
Official records can sometimes support what you have experienced.
- Hospital or clinic visit summaries
- Doctor or nurse notes related to injuries or stress
- Prescription records or referrals to counselling
- Police occurrence numbers or reports, if any were made
Where available, you may ask how to request copies of your own records. Processes and fees can differ by province, territory, or service.
Other Supporting Information
- Work or school attendance records showing missed days
- Emails with supervisors or teachers about safety concerns
- Screenshots of location tracking, if it shows monitoring or following
- Any written safety plans or notes from support workers you have met
You do not need to collect every possible type of evidence. Your safety in the present moment is more important than documenting everything.
Safer Ways to Store Evidence
Reducing Risk on Shared Devices
Many people in abusive situations have their phones or computers checked, taken, or monitored. If that might be true for you, consider:
- Using a device the other person cannot access, such as a trusted friend’s phone or a work computer (only if allowed by your workplace)
- Avoiding obvious file names like “abuse evidence” or “court”
- Regularly clearing “recent files” or “recent photos” lists, if safe
- Checking whether your photos and messages automatically sync to shared cloud accounts
Off-Device and Backup Options
Keeping copies outside your home or off your main device can lower the chance of losing important information.
- Send copies of screenshots or photos to a trusted person by email or secure messaging
- Save files to a USB drive or memory card that you store in a safe place outside your home, if possible
- Use a new or separate cloud account (email, storage) with a strong password and two-factor authentication, if this will not be discovered
- Print key messages or photos and store them in a safe location, such as with a trusted person
Check for shared Apple IDs, Google accounts, or family-sharing plans. These can reveal new photos, logins, or backups to the other person.
Physical Storage
If you keep physical records, think about where they are stored and who has access.
- Keep documents in a neutral folder that does not draw attention
- Store copies with a trusted person, if this feels safe
- Avoid leaving sensitive papers in places the other person often searches (purse, car, bedside table)
How Evidence May Be Used
Processes vary across Canadian provinces and territories. The following information is general and not legal advice.
Protection Orders and Peace Bonds
In some regions, evidence may be used when applying for:
- Protection or restraining orders
- Peace bonds or similar safety orders
Decision-makers may look at:
- Messages showing threats or ongoing harassment
- Photos of injuries or property damage
- Notes describing a pattern of behaviour over time
- Any relevant medical or police records
Even if there are no official reports, your own notes and saved communications may still be considered.
Criminal Investigations and Court
If the police are involved, they may decide what information can be used as evidence in a criminal case.
- They might ask to see texts, emails, photos, or social media messages
- They may request copies of medical records or speak with witnesses
- They will decide what gets shared with prosecutors, defence, and the court under the law
You can ask officers or victim services workers how your information might be used and who may see it. They cannot guarantee outcomes but can often explain the process.
Family Court and Parenting / Custody Matters
In parenting or custody cases, decision-makers focus on the best interests and safety of the child.
- Logs showing missed pickups, unsafe exchanges, or concerning behaviour
- Messages about children (threats, control, refusal to return children)
- Police or child protection involvement, if any
- Medical or school records that relate to safety or well-being
What is considered relevant and how it is used will depend on the laws and practices in your province or territory.
For general information about supports across Canada, you can explore resources listed at https://www.dv.support. They may help you find local services that can explain processes in your region.
Important Warning About Secret Recording
Laws on Recording Are Different Across Canada
Canadian laws about recording conversations, calls, or videos can be complex and may differ depending on:
- Which province or territory you are in
- Whether you are part of the conversation or a third party
- Whether the other person has a reasonable expectation of privacy
- How the recording is later used or shared
In some situations, secret recording could:
- Break privacy or other laws
- Risk your safety if the recording is discovered
- Be refused or limited as evidence in court
Consider getting legal advice before secretly recording calls or conversations, including in your own home. Laws and risks can vary, and a legal professional in your province or territory can explain your options.
Safer Alternatives to Consider
If recording might be unsafe or legally uncertain, other options can sometimes still help document what is happening:
- Writing detailed notes soon after incidents, including date, time, place, and what was said or done
- Saving written messages, emails, and social media posts
- Keeping track of witnesses who saw or heard parts of an incident
- Seeking medical care when needed and asking how your visit will be documented
Balancing Evidence and Safety
Evidence can sometimes support safety plans or legal processes, but collecting it should not increase your immediate danger.
- Trust your sense of what feels safest in your situation
- Focus first on staying as safe as possible in the moment
- Ask a legal clinic, community legal aid, or an advocate in your area for information about how documentation is usually handled where you live
You are not required to collect evidence to deserve support or to be taken seriously. Any steps you choose to take are your choice.