Evidence in Missouri Domestic Violence Cases

How to gather, organize, and safely store evidence for DV-related legal cases in Missouri.

Collecting and Using Evidence of Relationship Harm in Canada

1. Common Types of Evidence

Different situations call for different kinds of information. “Evidence” can be anything that helps show a pattern of harm, control, or safety concerns.

• Written messages – texts, emails, messaging apps, social media messages, letters, notes.
• Screenshots – of messages, call logs, social media posts, GPS tracking apps, threats, or harassment.
• Call logs – records showing missed calls, repeated calls, or calls at unusual hours.
• Photos and videos – of damaged property, visible injuries, or screenshots of online behaviour (avoid taking photos if this increases your risk).
• Journals or logs – a dated record of what happened, what was said, and who was present.
• Medical and health records – discharge instructions, visit summaries, or notes about stress-related health concerns.
• Police or incident reports – occurrence numbers, officer business cards, or report copies where available.
• Third‑party information – school notes, daycare notes, workplace incident forms, building security reports.
• Witness observations – what neighbours, friends, family, or coworkers saw or heard (names, dates, contact details if they agree).

2. Safety and Backups When Collecting Evidence

Collecting evidence can increase risk if the person causing harm discovers it. Consider your safety first before saving or backing up anything.

2.1 Safer Storage Ideas

• Use a trusted device – if possible, use a device the other person cannot access or monitor, such as a work phone or a trusted friend’s device.
• External storage – save copies to an encrypted USB drive or external hard drive that is kept outside the home if that is safer.
• Cloud backups – use a password‑protected cloud account with a password the other person does not know. Turn off automatic sign‑in on shared devices.
• Email to yourself – send copies to a separate email account with strong security, if this will not be discovered.
• Trusted person – consider asking a trusted person to hold copies (digital or printed) in a safe place.

2.2 Reducing Digital Risks

• Turn off message previews and notifications on locked screens where it is safe to do so.
• Use strong, unique passwords and enable two‑factor authentication for email and cloud storage where possible.
• Regularly review which devices are signed in to your accounts and remove devices you do not recognize.
• Consider clearing “recent files” or “recent photos” lists if that is safe and does not erase needed evidence.

2.3 Paper and Physical Items

• Keep papers (letters, notes, printed records) in a place that is less likely to be searched, or outside the home if that is safer.
• Photograph important documents in case originals are destroyed or go missing.
• Write dates and brief details on a separate page rather than on the original document.

3. How Evidence May Be Used in Different Processes

Rules for evidence can vary by province or territory, and each court or agency decides what to consider. The information below is general and not legal advice.

3.1 Protective or Restraining Orders

When someone applies for a protection order (often called a peace bond, restraining order, or family protection order depending on the region), decision‑makers may look at:

• Messages or voicemails showing threats, harassment, or ongoing contact.
• Records of past incidents – police reports, medical notes, workplace or school records.
• Journals or timelines showing a pattern of control, stalking, or intimidation.
• Photos of damaged property or other non‑graphic evidence of fear or intimidation.
• Information from witnesses who have seen or heard concerning behaviour.

Often, the overall pattern of behaviour is more important than a single event.

3.2 Criminal Investigations and Charges

Police and Crown prosecutors decide what evidence they can use and how they will use it. They may be interested in:

• Original digital files when possible (full message threads, not just screenshots).
• Metadata such as dates, times, and sender information.
• Call logs and voicemail recordings.
• Medical and hospital records related to injuries or health impacts.
• Prior reports to police or security, even if no charges were laid at the time.

If you share evidence with police, they may keep copies and may need to disclose some of it later in the court process, depending on the law and the case.

3.3 Family Law, Parenting, and Custody Matters

In parenting or custody‑related processes, decision‑makers usually focus on the best interests and safety of children. Evidence that may be considered can include:

• Records of threats, stalking, or harassment that could affect children’s safety or well‑being.
• Messages about parenting, pick‑ups, drop‑offs, or interference with parenting time.
• Information about substance use, unsafe driving, or other safety concerns when children are present.
• School, daycare, or counselling notes about changes in children’s behaviour or safety concerns (where available and appropriate).
• Any existing protective or criminal orders and the reasons they were made.

Some family courts may limit what types of audio or video recordings they will consider, especially if privacy laws are involved.

4. Cautions About Recording Laws in Canada

Before recording any conversation, think carefully about safety and legality. Canadian law around recordings can be complex.

4.1 General “One‑Party Consent” Rule

In many Canadian situations, a person who is part of a conversation is allowed to record it without telling the other person. This is often called “one‑party consent.”

However:

• Laws can change and may be interpreted differently depending on the case.
• Some workplaces, service providers, or institutions may have their own rules about recordings.
• Secretly recording in private spaces (like bathrooms or bedrooms) can raise serious legal and privacy issues.

4.2 When You Are Not in the Conversation

Setting up devices to record conversations you are not part of, or to monitor someone without their knowledge, can be illegal in Canada and may lead to criminal charges.

• Recording children’s conversations with another person can raise special legal and ethical questions.
• Accessing someone else’s accounts or devices without permission can also be illegal.

4.3 How Secret Recordings May Be Seen

Even if a recording is technically allowed under criminal law, courts or decision‑makers might:

• Decide not to rely on it because of privacy or fairness concerns.
• See extensive secret recording as a sign of ongoing conflict or mistrust.
• Limit how the recording can be shared or used in family law or child‑protection matters.

5. Balancing Safety, Evidence, and Support

Evidence can be important, but your safety in the present moment matters more than collecting proof. If keeping or creating evidence increases danger, it may be safer to focus on other safety steps.

For some people, speaking with a local support organization or a legal clinic can help clarify what types of information are most useful for their situation. Additional support options across Canada can be found through resources listed at DV.Support.

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• Emergency and Crisis Safety Planning
• Supporting Children’s Safety and Stability
• Supporting Someone Experiencing Relationship Harm