Evidence in Maryland Domestic Violence Court Cases
Survivor-based guidance on documenting abuse for Maryland court processes.
Safely Collecting and Storing Evidence of Abuse
Common Types of Evidence
Evidence can help show a pattern of behaviour in family, criminal, or protective order cases. It does not replace professional legal advice, but it can be useful to lawyers, advocates, or the court.
Messages and Online Communication
- Text messages and messaging apps (SMS, WhatsApp, Signal, Messenger, etc.)
- Emails, social media posts, comments, and direct messages
- Voicemails and call logs showing missed or repeated calls
- Screenshots that clearly show:
- Full message thread or enough context to understand meaning
- Date and time
- Sender and recipient
Photos, Videos, and Audio
- Photos of damaged property, threats written on paper or walls, or other non-graphic images
- Screenshots of threatening online posts or profiles
- Photos of caller ID screens showing repeated calls or blocked numbers
- Videos or audio that capture threats, harassment, or property damage, where it is legal to record
Try to include the date, time, and where possible, a way to show when and how the image or video was created (for example, including part of a phone screen with the date).
Logs, Notes, and Witness Information
- Incident logs with:
- Date and approximate time
- Location
- What was said or done (brief, factual notes)
- Who was present or might have seen or heard something
- Copies of police occurrence numbers or reports, if any
- Medical visit dates and locations (without sharing sensitive details unless with a trusted professional)
- Workplace or school reports, if they exist
Keeping notes as soon as possible after an event can help you remember later. Short, point-form notes are usually enough.
Safer Ways to Store Digital Evidence
Any record-keeping can increase risk if the person causing harm has access to your devices or accounts. Your safety in the moment is more important than saving evidence.
Checking Device and Account Safety
- Consider whether the person might know your phone passcode or email password.
- Look for unfamiliar apps, forwarding rules in your email, or devices logged into your accounts.
- If you suspect monitoring, storing evidence only on that device may not be safe.
For more ideas on reducing digital risks, see practical tips in Digital Safety and Technology.
Storage Options to Consider
- Secure cloud storage: An account with a strong, unique password and, if safe, two-factor authentication sent to a device the other person cannot access.
- Emailing copies: Sending screenshots or notes to a trusted email account that you can access from another device, if it is safe to do so.
- External drive or USB: Saving copies to a small USB or external drive kept in a safe location outside the home if needed.
- Trusted person: When safe, sharing copies with a trusted friend, family member, or advocate to store securely.
Safer File Naming and Visibility
- Avoid obvious folder or file names like “abuse evidence” on shared devices.
- Use neutral names (for example, “tax-notes-2024” or “receipts”).
- Remove items from “recent files” lists or photo galleries if you think they might be casually seen.
- Regularly back up important evidence in case a device is lost, damaged, or taken.
If saving or sending evidence might trigger violence, it may be safer not to store it on that device at all. Trust your sense of what is safest in your situation.
How Evidence May Be Used in Legal Processes
Each province and territory has its own rules about evidence. Courts and police decide what they can use, and how much weight to give it. The information below is general only and not legal advice.
Protective Order and Restraining Order Hearings
When applying for a peace bond, protection order, or similar order, decision‑makers may look at:
- Messages showing threats, harassment, or stalking
- Call logs, repeated unwanted contact, or blocked-number calls
- Incident logs describing fear, intimidation, or controlling behaviour
- Any past police calls or reports, if they exist
The goal is often to show a pattern over time, not just one event. Clear, date‑stamped records can support your own statement about what has been happening.
Criminal Investigations and Charges
Police and Crown prosecutors decide what evidence to collect and use. In some criminal cases, they may consider:
- Threatening messages, emails, or voicemails
- Photos or videos connected to reported incidents
- Phone records or location data, obtained through legal processes
- Statements from witnesses, neighbours, or others
They may want original files when possible, not only screenshots (for example, entire text threads or original audio).
If you choose to speak with police or a lawyer, you can ask how your messages, screenshots, or notes might be used and what to bring to an appointment or interview.
Family and Custody Proceedings
In family court, decision‑makers focus on the best interests and safety of children. In some situations, the following may be relevant:
- Messages about parenting time, pick‑ups, and drop‑offs
- Evidence of harassment or intimidation related to parenting
- Logs of missed visits, late pick‑ups, or unsafe behaviours affecting children
- Reports from schools, daycares, or other professionals, where available
Court processes can be complex. Family duty counsel, legal clinics, or advocates in your province or territory may explain what types of information are most helpful in your area.
Important Caution About Recording Laws
Laws about recording conversations, phone calls, or videos without the other person’s knowledge vary, and can be complicated.
Recording Conversations
- In Canada, one‑party consent rules may allow some recordings where at least one person in the conversation agrees to record.
- Other laws (for example, privacy, harassment, or misuse of images) can still apply depending on how recordings are made and used.
- Secretly recording in private places (such as bathrooms or bedrooms) or installing hidden cameras or spyware can be illegal.
Courts also decide whether to accept recordings as evidence. A recording that exists may not always be allowed or helpful in legal processes.
Before recording conversations or installing any recording devices, consider speaking confidentially with a legal clinic, duty counsel, or advocacy service in your province or territory to understand potential risks.
Digital Monitoring and Spyware
- Secretly accessing another person’s accounts or devices may be a crime.
- Using spyware, keyloggers, or tracking apps on someone else’s device can have serious legal consequences.
- Courts may be cautious with evidence collected through illegal monitoring.
Getting Support While Staying as Safe as Possible
Local shelters, advocacy groups, and legal information services can often explain options in your area and help you think through the safest way to collect and store information, if that feels right for you.
Additional support options across Canada can be found through resources listed at DV.Support.