Evidence in Montana Domestic Violence Cases

How to gather and safely store documentation for DV-related court cases in Montana.

Safely Collecting and Using Evidence of Abuse in Canada

Helpful Types of Evidence

Evidence can help show a pattern of harm or control. Different systems (police, child protection, family court) may value different kinds of information, but many survivors find these types useful:

• Written notes or a log – dates, times, what happened, who was present, any injuries, threats, or property damage.
• Messages – texts, emails, messaging apps, social media messages that show threats, harassment, control, or violations of conditions.
• Call records – screenshots of call logs, voicemail records, or saved voicemails (especially if threatening or persistent).
• Photos and videos – pictures of injuries, damaged property, or unsafe conditions. Include something showing date if possible (e.g., a clock, phone screen, or today’s newspaper).
• Health records – discharge papers, doctor or nurse notes, X-ray reports, mental health assessments, or counselling summaries (if you feel safe requesting or keeping them).
• Police or incident reports – occurrence numbers, copies of reports if available, or business cards with officer names.
• Third-party observations – statements from neighbours, family, friends, coworkers, or community members who witnessed incidents or saw injuries or fear.
• School or childcare records – attendance concerns, behaviour changes, or notes from teachers or staff about a child’s distress or disclosures.
• Financial documents – bank statements, pay stubs, benefits records, debt notices, or screenshots showing financial control, stolen funds, or forced debt.
• Technology and tracking information – screenshots of tracking apps, unusual shared locations, hacked accounts, or repeated password reset notices.

Organizing Evidence Safely

Organizing information can make it easier to share with police, lawyers, or courts later. It does not have to be perfect or detailed; brief notes can still help.

Creating a Simple Incident Log

Some people use a basic log with columns such as:

• Date and approximate time
• Location
• What happened (1–3 sentences)
• Injuries or damage (if any)
• Witnesses (if any)
• Whether police, medical, or other services were involved

This can be written in a notebook, on a computer, or in a secure note app if it is safe to do so.

Labeling and Sorting Documents

If safe, some people find it helpful to:

• Give files clear names with date and type (for example, “2025-03-10-text-threats” or “2025-02-01-emergency-room-summary”).
• Group items by type (messages together, medical records together, photos together).
• Keep a separate list of “who has what” if documents are shared with a trusted person, advocate, or lawyer.

Safe Digital Backups

Digital evidence can be lost if a device is taken, broken, or wiped. Where it is safe to do so, consider:

• Using a trusted device – if possible, only collect or store sensitive information on a device the abusive person cannot access.
• Emailing copies to a safe account – sending photos or screenshots to a separate email with a strong password and, if possible, two-step verification.
• Cloud storage – storing files in a secure cloud account that the other person does not know about and cannot access.
• Trusted person backups – sending copies to a trusted friend, family member, or support worker who can store them securely.
• Printed copies – if digital safety is a concern, printed copies may be kept in a safe place outside the home, such as with a trusted person.

How Evidence May Be Used

Evidence can be relevant in different systems. Each province and territory applies laws in its own way, and outcomes can never be guaranteed. The following is general information only.

Protection or Restraining Orders

When someone asks a court for a protection, restraining, or similar order, they may be asked to explain:

• Why they are afraid or feel unsafe.
• What has happened before (recent and past incidents).
• What they believe might happen if the order is not made.

Helpful materials can include:

• Incident logs showing a pattern of threats, stalking, or control.
• Messages, call logs, or voicemails that show threats or ongoing harassment.
• Photos of injuries or damage, medical or police documents.
• Information about any past orders or breaches.

Criminal Investigations and Charges

Police and Crown prosecutors decide what evidence they can use under criminal law. Examples that can sometimes be helpful include:

• Threatening or harassing messages, especially if they continue after a warning or charge.
• Photos of injuries or damage taken as soon as safely possible.
• Medical records that describe how an injury happened, in your words.
• Witness statements from neighbours, family, or others.
• Information showing breaches of bail, probation, or other conditions.

Police may ask to copy your phone or other devices. You can ask questions about what they will access and how information will be stored.

Family Law, Parenting, and Custody Decisions

In family court, judges are usually focused on the best interests and safety of any children, as well as the safety of each adult. Evidence can be used to show:

• Patterns of abuse or control that affect parenting or safety.
• How children have been exposed to incidents or fear, even if they were not directly harmed.
• Concerns about substance use, mental health impacts, or unsafe behaviour.
• Non-compliance with previous parenting orders or agreements.

Helpful information can include:

• School or daycare records showing behaviour changes or frequent absences.
• Messages about parenting exchanges, missed visits, or threats related to children.
• Reports or letters from counsellors, doctors, or child services, where available.

Caution About Recording Conversations and Videos

Recording laws in Canada are complex, and rules can vary or be interpreted differently depending on the situation.

General Points About Recording

• Under Canada’s Criminal Code, a person is generally allowed to record a conversation if they are part of that conversation themselves (“one-party consent”).
• It is usually not permitted to secretly record conversations you are not part of (for example, placing a hidden recorder to capture other people’s private conversations).
• Even if a recording is legal, a court or tribunal might still decide not to consider it, or may view secret recordings in a negative way, depending on the circumstances.
• Provincial and territorial privacy laws, employment rules, and family court practices can affect how recordings are treated and whether they are allowed as evidence.

Safety Considerations Before Recording

Before deciding to record, it may help to think about:

• Whether the person is likely to search your phone, bag, or computer.
• Whether they are likely to react violently if they discover a recording.
• Whether you can safely store or back up any recordings somewhere they cannot reach.
• Whether there are safer ways to document what is happening (for example, a written log or saving messages).

Some people also find it useful to learn about other support options across Canada and may choose to explore resources listed at DV.Support when it is safe to do so.

Recommended Articles

• Digital Safety and Technology Abuse
• Safety Planning in Ontario
• Understanding Protection Orders
• Supporting Someone Experiencing Abuse
• Children, Safety, and Family Courts