Evidence in Minnesota Domestic Violence Cases
A documentation guide for survivors navigating Minnesota’s legal systems.
Safely Collecting and Using Evidence of Relationship Harm
Common Types of Evidence
Evidence can look different in every situation. Some people save only a few key items, while others keep more detailed records. Any amount can be useful.
- Text messages and emails – screenshots or saved messages that show threats, harassment, financial control, or repeated contact after being asked to stop.
- Messaging apps and social media – direct messages, comments, or posts that show controlling behaviour, threats, or monitoring.
- Call logs and voicemails – records of repeated calls, late-night calls, or messages that feel intimidating or controlling.
- Photographs or videos – property damage, injuries, damaged belongings, or screenshots of online behaviour.
- Financial records – bank statements, e‑transfers, unpaid bills, proof of someone blocking access to shared funds or building debt in your name.
- Journals or notes – a dated log of incidents, including what happened, where, who was present, and any impacts (for example, missed work).
- Work or school records – attendance records, performance notes, security incident reports, or emails about safety concerns.
- Medical or support service documents – visit summaries, discharge paperwork, or notes that mention fear, injuries, or stress (without needing graphic detail).
- Police or security reports – incident numbers, officer names, or copies of reports when they are available to you.
- Witness information – names and contact details of people who may have seen or heard concerning behaviour, or who noticed changes in you or children.
It is usually more important that evidence is clear, dated, and safely stored than that it is perfect or complete.
Staying Safe When Storing Evidence
Any record-keeping can increase risk if the other person notices it. Consider your safety first before saving, organizing, or backing up anything.
Digital Storage Safety
- Use a device the other person cannot easily access, if possible (for example, a work phone, friend’s device, or library computer).
- Back up important items to a secure location such as:
- a password‑protected cloud account the other person does not know about
- a secure USB drive kept outside the home
- Use strong, unique passwords and turn on two‑factor authentication where you can.
- Be cautious with shared devices, shared phone plans, or synced accounts (for example, photos and messages appearing on multiple devices).
- Consider changing account passwords only when it feels safe, as sudden changes can sometimes increase tension.
More tips about staying safer online and on devices can be found in digital safety resources such as /digital-safety.html, if available for your area.
Physical Storage Safety
- Keep physical evidence (papers, USB drives, printed screenshots) somewhere the other person is unlikely to look, such as:
- a trusted friend or family member’s home
- a workplace locker or secure drawer
- a safety deposit box or another secure location outside the home
- If you keep items at home, choose a place that does not stand out (for example, mixed in with general paperwork) rather than a clearly labelled folder.
- A simple notebook with dates and brief notes can be safer than keeping many separate loose papers.
- If searching your own phone or computer might be monitored, consider writing down incident details on paper and storing them safely off‑site.
If saving or moving evidence feels unsafe at any point, it can be reasonable to stop and focus on immediate safety instead.
How Evidence May Be Used in Legal Processes
Evidence can sometimes help in family, protection, or criminal processes, but rules and impact vary between provinces and territories, and from case to case. The following is general information only and not legal advice.
Peace Bonds and Protection Orders
In many parts of Canada, people can apply for court orders that place conditions on another person’s behaviour (for example, no contact or staying away from a home or workplace). Evidence sometimes used may include:
- threatening or harassing messages
- police report numbers or past calls
- photos of property damage or injuries
- a log of past incidents with dates and locations
- records of breaches of earlier conditions, if any
Courts may look at patterns over time as well as specific incidents.
Criminal Investigations and Charges
When police or Crown prosecutors are involved, they may consider different kinds of evidence to decide whether to lay or continue charges. This can include:
- your statement and any earlier statements you made
- digital messages, call logs, and voicemails
- photos, medical information, and repair invoices
- witness statements from neighbours, coworkers, or family
- previous police calls or reports, if any
You do not control how police or prosecutors use evidence once it is provided, and outcomes can be unpredictable.
Family Law and Parenting / Custody Issues
Evidence about relationship harm can sometimes be used when a court is making decisions about parenting arrangements, contact, or decision‑making for children. Examples of what might be considered include:
- patterns of threats, intimidation, or harassment
- evidence showing safety concerns involving children
- proof of breaches of existing court orders
- records of who has been caring for children day to day
- information about how conflict affects children’s routines or well‑being
Family and criminal courts across Canada may use different terms and follow different processes. A legal clinic or duty counsel in your province or territory can explain how evidence is usually handled in your area.
Important Cautions About Recording Laws
Recording conversations, calls, or video can feel like a straightforward way to collect evidence, but it can create legal and safety risks if not done carefully.
Consent to Record
- In Canada, criminal law about recording private conversations generally allows recording when at least one person in the conversation consents to the recording.
- This means that in many situations a person may legally record their own conversations without telling the other person, but laws are technical and there can be exceptions.
- Recording conversations you are not part of can raise serious legal issues.
Privacy and recording laws are complex. Courts may also limit how certain recordings can be used, even if they were legally made. For guidance on your specific situation, a legal clinic or lawyer in your province or territory can provide advice.
Safety Risks of Recording
- If the other person discovers you are recording, it may escalate their behaviour or increase danger.
- Phones or devices can be grabbed, checked, or broken if the other person becomes suspicious.
- Hidden cameras or audio devices in shared spaces may be discovered and could put you at risk.
- Some people feel pressured to stay in unsafe situations longer in order to “get better recordings,” which can be dangerous.
When deciding whether to record, it can help to think about:
- how the other person might react if they found out
- whether there are safer ways to document what is happening (for example, written notes right after an incident)
- how you will store and back up any recordings so they are less likely to be discovered
If it is safe, you may wish to discuss options with a legal aid office, community legal clinic, or an advocate who understands relationship harm and privacy issues in your region. Some additional support options across Canada can also be found through resources listed at DV.Support.