Evidence in Manitoba Domestic Violence Cases
How to organize documentation safely for Manitoba protection order and family court cases.
Gathering Evidence Safely in Canada
Examples of Evidence in Abuse-Related Cases
Evidence can look different in every situation. These are common examples people sometimes collect for peace bonds, protection/prevention orders, or family court matters:
- Messages and calls – text messages, emails, social media messages, call logs, voicemails, and messaging app chats that show threats, harassment, stalking, or controlling behaviour.
- Photos and videos – photos of damaged property, screenshots of online posts, or images that show patterns of control. Avoid graphic or dangerous content.
- Written notes – a dated log or journal describing incidents, including time, place, what happened, and who was present.
- Witness information – names and contact details of people who saw or heard incidents, or who noticed changes in behaviour, injuries, or threats.
- Police or official reports – incident numbers, police cards, copies of safety plans from agencies, or hospital/clinic visit summaries, if available.
- Financial records – bank or credit card statements, pay stubs, bills, or receipts that may show financial control or sudden changes.
- Technology-based evidence – screenshots of GPS tracking, threatening comments, repeated calls from unknown or blocked numbers, or profile pages showing impersonation or harassment.
Only collect evidence in ways that do not increase your risk. If it is not safe to save or document something, your safety comes first.
Safer Ways to Keep Digital Backups
Digital copies of evidence can be helpful if a device is lost, damaged, or accessed by someone else. Any backup method has risks, especially if the other person monitors your devices or accounts.
Options for Storing Copies
- Trusted person’s device or email – send copies to a person you trust who is not connected to the abusive person and who understands how to keep information private.
- Separate email account – create a new email with a strong password, security questions the other person cannot guess, and no shared recovery phone. Sign out fully after use.
- Cloud storage – if safe, use cloud services with two-factor authentication and a password manager. Avoid auto-login on shared or monitored devices.
- Encrypted folders or apps – use password-protected folders or secure note apps where available, and name folders in a way that does not draw attention.
- Physical backups – use a USB drive, SD card, or printed copies, stored somewhere the other person does not access (for example, with a trusted person or in a workplace locker).
If the other person has access to your phone, computer, or accounts, consider using a different device (such as a library computer or a trusted friend’s phone) for sensitive backups. For more digital safety ideas, see /digital-safety.html if it is available to you.
Safer Screenshot and File Practices
- Include dates, times, and usernames in screenshots where possible.
- Avoid editing or changing original files; if you must crop, keep the unedited original separately.
- Keep a simple index or list of what you have saved (for example: “May 2 – text threats, June 14 – voicemail”).
- Regularly check that backups are still accessible and have not been automatically deleted.
How Evidence May Be Used in Peace Bonds, Protection/Prevention Orders, and Family Court
In Canada, evidence is usually used to help show a pattern of risk, fear, or unsafe behaviour. Processes and rules differ by province and territory, and by court.
Peace Bonds and Protection/Prevention Orders
Depending on where you live, you may hear terms like peace bond, protection order, or prevention order. In many places, evidence can be used to:
- Show that you reasonably fear for your safety or the safety of children or others.
- Demonstrate a pattern of threats, stalking, harassment, or ongoing intimidation.
- Support specific conditions you are asking for, such as no-contact, no-weapons, or avoiding certain locations.
- Help explain why you are concerned even if there is no recent injury or a single serious event.
Each province and territory has slightly different processes and forms for these orders. Local legal clinics, duty counsel, or community advocates may explain how evidence is usually presented in your area.
Family Court and Parenting Issues
In family court, evidence can sometimes be used to show safety concerns related to separation, parenting time, and decision-making for children. It may help:
- Describe patterns of control, fear, or exposure of children to conflict.
- Support safety-focused parenting plans, supervised contact, or communication limits.
- Explain sudden changes, such as leaving a home, changing schools, or blocking contact.
- Provide context if one person claims that the other is “uncooperative” or “alienating” without acknowledging safety issues.
Court processes are complex, and what a judge can consider depends on the law in your province or territory. Evidence does not guarantee a certain outcome, but it may help the court understand your safety concerns more clearly.
For more information on support options across Canada, including legal information services and shelters that understand court-related safety concerns, you can explore resources listed at DV.Support.
Important Reminder About Recording Laws in Canada
Recording conversations, calls, or videos can have legal and safety consequences.
- In Canada, generally, a phone call or private conversation may be legally recorded if at least one person in the conversation consents. If you are part of the conversation, that may mean you can consent for yourself.
- Secretly recording conversations that you are not part of, or placing recording devices in private spaces, can be illegal.
- Even if a recording is legal, a court may decide whether or not to accept it as evidence.
- Recording someone can increase risk if they discover it, especially in abusive situations.
This information is general only and is not legal advice. For advice about your specific situation, consider speaking with a lawyer, legal clinic, or duty counsel in your province or territory before relying on recordings.
Balancing Evidence and Safety
Gathering or keeping evidence is optional and may not be safe in every situation. It can help to:
- Check your safety first before saving or storing anything.
- Use neutral labels or folder names that do not draw attention.
- Ask a trusted person or support worker to hold copies if possible.
- Be prepared to explain, in simple language, what each piece of evidence shows if asked by a lawyer, police, or the court.
If you are unsure whether to keep or show a certain item, it may help to speak with a legal information service or community advocate who understands family and protection order processes.