Evidence in Nebraska Domestic Violence Cases

How survivors can document abuse and present evidence in Nebraska court settings.

Collecting and Storing Evidence Safely

What “Evidence” Can Look Like

Evidence is any information that helps show what has been happening. It does not need to be perfect or complete to be helpful later.

Texts, Messages, and Emails

• Keep abusive, threatening, or controlling text messages, chat logs, and emails.
• Take screenshots that show the sender, date, and time where possible.
• Consider forwarding key messages to a separate email account that only you can access.
• If it feels safer, write down the exact words and the date in a notebook kept outside the home.

Screenshots and Photos

• Screenshots can capture messages, social media posts, call histories, or app notifications before they are deleted.
• Photos may include damage to property, injuries, or other relevant objects or locations, if it is safe to take them.
• Try to include something that shows the date when possible (for example, a calendar page, phone lock screen, or another object that helps place the time).

Police Reports and Official Records

• If police are called, you can ask for the occurrence or incident number.
• Medical visit summaries, shelter intake notes, and other professional records can sometimes help describe what happened, if you have access to them.
• Court documents, peace bonds, or previous protection orders are also important to keep together and stored safely.

Personal Notes and Incident Logs

• Some people keep a simple log of incidents, including dates, times, locations, and short descriptions.
• Include details like threats, harassment, stalking, or interference with parenting time, if they occur.
• Note witnesses, if there were any, and whether children were present.
• Keep the tone factual and brief, as if you were explaining to someone who was not there.

Safe Ways to Store Evidence

Evidence is only helpful if it does not increase your risk. Think about what the other person can see or access before you save anything.

Digital Storage Options

• Use a password-protected email account that the other person does not know about.
• Store copies in secure cloud storage (for example, a locked Google Drive or similar service) if it is safe in your situation.
• Rename files in a neutral way (for example, “notes-2024-04-10” instead of “evidence-of-abuse”).
• Log out after each use, and clear recent files lists if someone else uses your device.

Physical Storage Options

• Keep paper copies of key messages, logs, and reports in a discreet folder.
• Consider storing evidence outside the home with someone trustworthy, such as a friend, family member, or support worker.
• Some people keep a second copy in a safe place at work or in a locked drawer.

Thinking About Device and Account Safety

• Consider whether the other person knows your passwords or can unlock your phone or laptop.
• Check if they might have access through shared cloud accounts, shared email addresses, or family sharing settings.
• Look at your device’s “recent photos” and “recent documents” lists; this is sometimes the first place someone else may look.

How Evidence May Be Used

Evidence can sometimes be used in different types of legal processes in Canada. The rules and weight given to each item can vary across provinces and territories, and by court.

Protection Orders and Peace Bonds

• Evidence of threats, harassment, or past violence can sometimes support an application for a civil protection order or a criminal peace bond.
• Courts may consider text messages, logs of incidents, police reports, and witness information, along with your own statement.
• Having dates and times, even if you do not remember everything, can help show a pattern of behaviour.

Custody and Parenting Proceedings

• In family court, evidence may be used to show concerns about safety, parenting, or exposure of children to conflict or harm.
• Logs of missed parenting time, police wellness checks, or messages about the children can sometimes be relevant.
• Judges will usually focus on what is in the best interests of the child; evidence can help explain safety-related concerns.

Criminal Cases

• Police and Crown prosecutors may use messages, call logs, photos, and statements as part of a criminal investigation or prosecution.
• Police may ask you to send them copies of digital evidence, or they may obtain some information directly from service providers where possible.
• How evidence is gathered, stored, and shared can affect whether and how it can be used, and those rules differ by situation and region.

Recording Calls and Conversations

Some people consider secretly recording phone calls or in-person conversations. This can be risky both for safety and legally.

• Laws about recording private conversations can vary by province and territory, and may depend on who is part of the conversation and who knows about the recording.
• In some situations, a recording that was not made legally may be difficult or impossible to use in court, and could create other legal problems.
• Secretly recording someone who is already monitoring or controlling you can increase risk if they discover the recording.

Balancing Documentation and Safety

It is your choice whether to collect evidence. For some people, trying to record everything can feel overwhelming or unsafe.

• Focus first on staying as safe as you can in the moment.
• Collect only what you can safely store and explain if needed later.
• Consider sharing copies of important items with a trusted person or support worker, if that is an option for you.

Additional support options across Canada, including organizations that may help you think through safety and documentation, can be found through resources listed at DV.Support.

Recommended Articles

• Staying Safer on Phones, Email, and Social Media
• Safety Planning in Ontario
• What to Expect From a Police Wellness Check
• Preparing for Court: Safety and Practical Tips
• How to Support Someone in an Unsafe Relationship