Evidence in Mississippi Domestic Violence Cases
How survivors can gather and use evidence in Mississippi DV-related cases.
Collecting and Storing Relationship Harm Evidence Safely in Canada
What “Evidence” Can Look Like
Evidence is any information that helps show what has been happening in a relationship. It can support your safety planning and may be useful if you choose to involve police, lawyers, or the courts in the future.
Digital Messages and Online Activity
- Text messages and chat logs (SMS, WhatsApp, Messenger, etc.).
- Emails between you and the other person.
- Direct messages from social media platforms.
- Screenshots of online threats, harassment, or account takeovers.
- Call logs showing frequency and timing of calls.
When possible, keep messages in their original form and avoid deleting them, as long as it feels safe to do so.
Logs and Personal Notes
- A simple written log with dates, times, and what happened.
- Notes about any witnesses who were present.
- Notes about how incidents affected your daily life (work, sleep, school, parenting, etc.).
Notes do not need to be detailed or graphic. Short, factual entries are often enough, such as “Jan 12, 8 pm – argument in kitchen, yelling, called me names, child in room.”
Photos, Screenshots, and Documents
- Photos of property damage or mess left after an incident.
- Photos of injuries, taken over several days if it is safe (to show changes over time).
- Screenshots showing missed calls, blocked numbers, or account changes.
- Copies of medical visit summaries, if you attended a clinic or hospital.
- Copies of shelter intake notes or safety plans you are comfortable keeping.
Police Reports and Official Records
- Incident numbers from any police contact, even if no charges were laid.
- Copies of police occurrence reports, where available.
- Copies of any conditions already in place (release conditions, peace bonds, bail terms).
- Notes about any 911 calls: date, time, what you reported.
Safer Ways to Store Evidence
Any evidence is only helpful if it does not put you at higher risk. If the other person closely monitors your devices or home, storage choices are especially important.
Digital Storage Options
- Use a trusted device, if available (a friend’s phone, work computer, or a community computer), instead of a device the other person checks.
- Email files to a new, private email account with a strong password they do not know and that is not saved on shared devices.
- Use secure cloud storage signed in only on devices the other person cannot access.
- Rename files to something neutral (for example, “tax-2023-1.jpg”) instead of names that reveal what they are.
- Back up important items in at least one separate location in case your phone is taken or destroyed.
Physical Storage Options
- Keep paper copies (logs, printed messages, photos) somewhere the other person does not access, such as:
- a trusted friend or family member’s home
- a workplace drawer or locker
- a locked box that does not draw attention
- Use a notebook that looks ordinary, without labels that mention abuse, police, or court.
- Store flash drives or memory cards in neutral containers (for example, inside a labeled folder for “receipts”).
Checking for Safety Before Saving Something
- Consider how the other person usually reacts when stressed or suspicious.
- Think about whether they regularly go through your phone, email, bags, or drawers.
- Decide whether it is safer to store evidence off-site or with someone you trust.
- If something feels too risky to keep, it may be safer not to store it on a device they control.
How Evidence May Be Used in Legal Processes
Evidence may or may not be used in a legal process, depending on your choices and on how different systems work in your province or territory. The following is general information and not legal advice.
Protective Orders and Peace Bonds
If you decide to seek a restraining order, protection order, or peace bond, evidence may help show why you are asking for specific conditions. This might include:
- Printed messages or screenshots of threats or ongoing harassment.
- A log of past incidents showing a pattern over time.
- Photos of damage or injuries.
- Past police occurrence numbers or medical visits related to safety concerns.
Courts may look at whether there is a history of fear, threats, or harm. Documents and records can help support what you say in court forms or testimony.
Criminal Investigations and Charges
Police and Crown prosecutors decide how to use evidence in criminal cases. Your role is to share what you have, when you feel safe and ready to do so. Evidence may include:
- Screenshots and device data shared with police during an investigation.
- Photos taken around the time of an incident.
- Witness names and contact information.
- Copies of any medical or counseling records you choose to provide.
Family Court and Parenting/Custody Matters
Evidence of relationship harm can sometimes be relevant to parenting, decision-making responsibilities, and contact arrangements. Depending on your situation and local rules, this might include:
- Incident logs showing how conflict affects children’s routines or safety.
- Messages related to parenting exchanges, threats about children, or interference with parenting time.
- Police and child protection involvement, where it exists.
- Reports from supervised access centres or third parties involved in exchanges.
Family courts may weigh evidence differently from criminal courts, and processes vary by province or territory. Legal clinics or duty counsel can explain how certain documents may be used in your area.
Caution About Recording Laws in Canada
Some people consider recording calls or conversations as evidence. This area can be complicated, and laws and court rules may affect what is allowed and how recordings can be used.
General Recording Considerations
- In many situations in Canada, it may be legal for a person to record a conversation they are part of, but there are important limits and exceptions.
- Secretly recording conversations you are not part of (for example, between the other person and a child) may raise legal and safety issues.
- Court rules in family or criminal matters may limit if and how recordings are accepted, even if they were made legally.
Safety and Emotional Impact of Recording
- Think about what could happen if the other person discovers recordings on your phone or in your home.
- Consider whether trying to get a recording might increase your immediate risk.
- Notice how recording or re-listening to recordings affects your stress levels and sense of safety.
Getting Support While Managing Evidence
Managing evidence can feel complicated and tiring. You do not have to handle it alone. Many shelters, community organizations, and legal clinics across Canada can explain local options and help you think through safety when collecting or storing information.
Some people also find it helpful to look at national resource lists, such as those available through services listed at DV.Support, to find additional support options.