Evidence in Massachusetts Domestic Violence Cases
How to document abuse and use evidence across legal systems in Massachusetts.
Safely Collecting and Using Evidence of Abuse
1. Types of Evidence
Evidence can include many kinds of information that show a pattern of harm, threats, or control. What is helpful can depend on where you live in Canada and the type of process (police, protection order, family court). This is general safety information, not legal advice.
Written and Digital Evidence
- Text messages, emails, and social media messages (screenshots or exports).
- Call logs showing repeated calls or late‑night contact.
- Messages from the person who is causing harm to friends or family about you.
- Online posts or comments that are threatening, harassing, or controlling.
- Location‑sharing history, if it shows tracking or unwanted monitoring.
Photos and Physical Evidence
- Photos of damage to property (doors, walls, broken items).
- Photos of injuries, taken as safely and privately as possible.
- Items that may show harm or control (for example, destroyed personal documents or devices).
- Medical discharge papers that briefly describe injuries or concerns.
Notes and Journals
- Short, factual notes of incidents (date, time, what happened, who saw or heard it).
- Notes about threats, stalking, or monitoring, even if there are no visible injuries.
- Names and contact details of anyone who may have witnessed incidents.
Witness Information
- Neighbours, friends, family, or coworkers who heard or saw something.
- People you told soon after an incident (for example, “I told my coworker at lunch what happened that morning”).
- Professionals who may have records (for example, doctors, counsellors, settlement workers), if you choose to involve them.
Not all courts, police, or tribunals will treat evidence the same way. Rules can differ by province or territory and by the type of case. A legal clinic or duty counsel may explain what is usually considered helpful where you live.
2. Safe Storage of Evidence
Collecting evidence can increase risk if the person who is causing harm discovers it. Safety planning around storage is important.
General Storage Tips
- Only keep evidence if it feels reasonably safe to do so. Your safety comes first.
- Consider whether the person checks your phone, computer, mail, or home.
- Try to keep duplicate copies in a separate, safer place if possible.
Digital Storage
- Use a device the other person cannot easily access, if available (for example, a trusted friend’s phone or a work device, if safe and allowed).
- Email copies of screenshots or documents to a new email account with a strong password, security questions they cannot guess, and no auto‑login on shared devices.
- Use secure cloud storage only if you are confident the account cannot be accessed by the other person.
- Rename files in a way that does not clearly show what they are (for example, not “abuse evidence.jpg”).
- Regularly clear “recent files,” downloads lists, and recycle bins, if safe.
Physical Storage
- Store paper documents or USB drives in a place away from home if possible (trusted friend, support worker, or a locked drawer at work, if safe).
- A small, plain notebook kept outside the home may be safer than a detailed journal kept in a shared space.
- Avoid hiding evidence in obvious places the person regularly searches (purses, bedside tables, glove compartments).
If the person has access to your devices, consider reviewing safety practices similar to those listed in digital safety resources. Some people choose not to keep evidence on any device that might be searched.
3. Using Evidence in Protection Orders, Criminal, and Custody Matters
Evidence can be used in different ways depending on the type of process. Procedures and forms vary across Canada. The following is general information only.
Protection Orders (Including Emergency or Long‑Term Orders)
Many provinces and territories have civil protection order processes (sometimes through family or provincial courts). Evidence can help show a pattern of risk and why protection is needed.
- Printouts or screenshots of threatening or controlling messages.
- Notes or timelines of recent incidents and past history.
- Photos of injuries or property damage.
- Police occurrence numbers, if any reports have been made.
- Information about stalking, tracking, or technology‑facilitated abuse.
In many places, a judge or justice of the peace may look at your written statement and any attachments when deciding whether to grant a protection order and what conditions to include.
Criminal Matters
If police are involved, evidence may be important for investigations and possible charges.
- You can tell police about any texts, emails, or recordings that might help them understand what happened.
- Police may take copies or ask you to forward digital evidence, when safe.
- Medical records, photos, and witness information can help document injuries or threats.
- Police decide what to collect and the Crown prosecutor decides what to use in court.
If you already have evidence, it can sometimes be helpful to keep an untouched original version and separate copies. Police or a lawyer can explain how they prefer to receive it.
Family Court and Parenting / Custody Matters
Evidence of patterns of harm, control, or exposure to conflict can sometimes be considered in parenting and custody decisions. Rules of evidence and procedure vary by province and territory.
- Printouts of relevant messages that relate to parenting, safety, or threats.
- Records of police calls, protection orders, or criminal charges, if any.
- Notes showing how the situation affects day‑to‑day safety and children’s routines (without sharing details that may be unsafe).
- Documents from schools or child‑related services if they record safety concerns.
Family courts usually focus on the best interests of the child. Evidence that shows how safety concerns affect parenting and children’s well‑being may be important. A family duty counsel lawyer or legal clinic may explain what is usually considered helpful in your area.
In any process, you can tell the court or authorities if providing evidence or testifying increases your risk. They may have options such as safety planning at the courthouse or different ways of giving evidence, depending on local rules.
4. Caution About Recording Conversations and Interactions
Secretly recording conversations or video can seem like a way to get strong evidence, but it can create safety and legal risks.
Safety Risks
- If the person discovers that you are recording, their behaviour could escalate.
- They may search your phone, bag, car, or home more often.
- They may use the existence of recordings to pressure or threaten you.
Legal Uncertainty
- In Canada, there are criminal and privacy laws about recording conversations. In some situations, a recording may be legal to make but still not accepted in court.
- Courts and tribunals differ on how they treat secret recordings, especially when children are involved.
- Using devices such as home cameras, nanny cams, or tracking tools may raise extra privacy and safety issues.
Before deciding to record, it may be safer to consider other ways to document what is happening, such as:
- Writing brief, factual notes soon after an incident.
- Saving threatening or harassing texts and emails.
- Telling a trusted person what happened so they can later confirm that you reported it to them at the time.
If you are thinking about secret recordings, consider getting information about privacy and recording laws where you live, for example through a community legal clinic or legal information service. They can usually explain risks and limits without representing you.
Some people find it helpful to explore additional national and regional support options; listings and referrals across Canada are available at https://www.dv.support. These services may offer safety planning ideas that fit your situation and local resources.