Evidence in Michigan Domestic Violence Cases
A practical evidence and documentation guide for Michigan survivors.
Safely Collecting and Using Evidence of Relationship Harm in Canada
1. Common Types of Useful Evidence
Different systems (police, family court, protection order hearings) may look at different kinds of information. The following are examples of evidence that can sometimes be helpful. Not all will be safe or possible for everyone.
Written and Digital Records
- Text messages, emails, social media messages, and app messages showing threats, harassment, monitoring, or financial control.
- Call logs showing repeated calls, hang-ups, or blocked numbers.
- Written notes or letters.
- Screenshots of posts, comments, or online profiles that feel threatening or controlling.
Incident Notes and Timelines
- A simple log with dates, times, and short, factual notes about what happened.
- Notes about how incidents affected work, school, parenting, or health.
- Names of anyone who may have seen or heard something.
Photos and Physical Items
- Photos of damaged property (doors, walls, electronics, vehicles).
- Photos of mess or disarray that may show a pattern of destruction or control, without graphic injury detail.
- Copies of bills, bank statements, loan documents, or pay stubs that help show financial control or sudden changes.
- Documents about housing, immigration status, or sponsorship conditions.
Medical, Work, and Third-Party Records
- Discharge papers, visit summaries, or notes from clinics, doctors, or other health providers.
- Workplace records showing missed shifts, security reports, or incident notes.
- School or daycare messages about attendance, behaviour changes, or safety concerns.
- Police occurrence numbers, event reports, or safety-plan notes, where available.
Not all evidence is needed in every situation. Safety usually matters more than collecting proof. If collecting something will increase risk, it may be safer not to keep it or to store it away from home.
2. Safer Ways to Store Evidence
Safety around storage depends on how closely devices and spaces are being monitored. Consider what the other person can see or access.
Digital Storage Options
- Forward copies of messages or screenshots to a trusted person, if safe to do so.
- Use a separate email account with a strong, unique password that the other person does not know.
- Store files in a secure cloud account that does not auto-sign-in on shared devices.
- Rename files in a neutral way (for example, “notes-2025-01”) without obvious labels.
Physical Storage Options
- Keep printed documents, notes, or USB drives with a trusted friend, family member, or support worker, if available.
- Use a small folder that blends in with everyday papers, rather than a clearly labelled “evidence” file.
- Avoid leaving sensitive items in vehicles or shared areas where they can be easily found.
Device and Account Safety
- Be aware that some people use tracking or monitoring apps to see messages, photos, and locations.
- If you suspect monitoring, it may be safer to use a different device (for example at a library or community agency) to send or store information.
- Turn off automatic syncing to shared devices or shared cloud accounts when possible.
If it feels unsafe to keep anything, you might still choose to tell a trusted person what is happening so they can remember dates or details later if needed.
3. How Evidence May Be Used in Protection Order, Criminal, and Family Matters
Processes and rules differ between provinces and territories, and between types of courts. The information below is general and not legal advice.
Protection or Restraining Order Hearings
For peace bonds, emergency protection orders, restraining orders, and similar orders, decision-makers may consider:
- Text messages, emails, and call logs showing threats, harassment, or stalking.
- Incident notes and timelines that show a pattern of fear or control.
- Police reports or prior calls for assistance, even if no charges were laid.
- Photos of damage, property destruction, or other non-graphic evidence.
- Statements from witnesses who know about the situation.
Procedures and forms vary by region. Local legal clinics or duty counsel in your province or territory may explain how your information can be presented.
Criminal Investigations and Charges
When police are involved, evidence may be used to decide whether to lay charges and by prosecutors in court. Examples include:
- Digital messages or call records that show threats, harassment, or breaches of existing orders.
- Photos of damaged property or injuries, when taken in a safe and non-graphic way.
- Medical records and hospital or clinic notes, where available.
- Witness statements from neighbours, co-workers, or others.
- Prior police calls or reports that show a history of incidents.
Police and Crown prosecutors decide what evidence can be used and how. They may keep originals or copies as part of a file.
Family and Parenting Matters
In family court matters such as parenting time, decision-making, and support, the focus is often on safety and the best interests of children. Evidence sometimes includes:
- Messages showing threats, intimidation, or refusal to follow parenting plans.
- Notes about missed pickups, late returns, or unsafe situations affecting children.
- School or daycare records about attendance, safety concerns, or behaviour changes.
- Any existing protection orders or criminal court conditions.
- Evidence of financial control that affects housing, food, or other needs.
Family courts may have specific rules about how documents are filed and shared with the other party. Local duty counsel, family law information centres, and community legal clinics can explain procedures in your area.
If you are unsure how your information might be used or shared in a court process, you can ask a lawyer, legal clinic, or duty counsel in your province or territory for general guidance.
4. Very Important: Recording Law Cautions in Canada
Recording laws can be complex and may differ by province or territory, especially for private conversations, phone calls, or video in homes and workplaces.
Before Recording Audio or Video
- Recording someone without their knowledge or consent may be illegal in some situations, or may affect how evidence can be used.
- Hidden cameras or audio recorders in private spaces (like bedrooms or bathrooms) raise serious privacy and legal concerns.
- Workplaces, shared homes, and public spaces can each have different rules and expectations.
Risks of Secret Recording
- The other person may discover the device or file, which could increase risk.
- Even if a recording exists, a court may decide not to rely on it or may limit how it is used.
- In some cases, making the recording could lead to legal consequences for the person who recorded.
Because recording law is technical and situation-specific, it is important to get information about your own province or territory before trying to record conversations or video for evidence. Legal clinics, lawyers, or duty counsel can explain how the rules may apply in your situation.
If it does not feel safe or legal to record, other forms of evidence like written notes, messages, and witness accounts may still be useful.
Additional support options and information about services across Canada can be found through resources listed at DV.Support.