Evidence in New Hampshire Domestic Violence Cases

How survivors can gather documentation to support domestic violence cases in New Hampshire.

Safely Collecting and Storing Relationship Abuse Evidence

What Counts as Evidence: Texts, Photos, Logs, Reports

Evidence is anything that helps show a pattern of behaviour, threats, or harm. It does not need to be perfect to be useful.

Texts, Emails, Messages and Social Media

• Save screenshots of text messages, emails, and app messages that feel threatening, controlling, or harassing.
• Include the date, time, and contact information in the screenshot if possible.
• If messages are on social media, capture the whole screen, including the profile name or handle.
• Try not to edit or crop screenshots in a way that could raise questions about accuracy.

Photos and Videos

• Photos can include damage to property, injuries, screenshots of posts, or items used to intimidate.
• If safe, take several photos from different angles and distances.
• Include something that shows the date, like a screen with the date or a written note, if you can do this safely.
• Keep original files; avoid adding filters or changes that may affect how they are viewed later.

Personal Logs or Journals

• A log is a simple record of what happened and when.
• Include date, time (if known), location, who was present, and what was said or done.
• Use neutral language when possible (for example: “Person shouted: ‘…’” rather than adding opinions).
• Write events down as soon as reasonably possible so details are easier to remember.

Reports from Services and Agencies

• Copies of police incident numbers or reports, if you have them.
• Records from shelters, victim services, or community agencies that you consent to share.
• Printouts or confirmations from crisis or support chats, where available and if it feels safe.
• Medical visit summaries or discharge papers, if you choose to keep or use them.

Safe Digital Storage

Digital evidence can be powerful, but it can also create risk if someone else finds it. Consider your situation and safety first.

Storing Evidence on Devices

• If a device is shared or regularly checked by the other person, storing evidence there may not be safe.
• Use a device the other person does not access if possible (for example, a trusted friend’s phone or a work device with policies that permit limited personal use).
• Create a neutral-sounding folder name that will not draw attention (for example, “Receipts” or “School notes”).
• Regularly back up important screenshots or files in case a device is taken or destroyed.

Cloud and Online Storage

• Cloud storage (such as secure drive services or password-protected email drafts) can keep copies off your main device.
• Use strong, unique passwords and, if safe, two-factor authentication that does not send codes to a device the other person can see.
• Sign out of accounts on shared devices and avoid saving passwords in the browser.
• Consider using a separate email account that is not known to the other person for storing evidence.

Physical Storage Options

• Print key screenshots, logs, or reports if it is safe to store them away from home.
• Keep printed copies or USB drives in a place the other person cannot easily access, such as at work, with a trusted person, or in a safety deposit box.
• Use a low-profile envelope or folder without labels that might attract attention.

How Evidence May Be Used in Legal Processes

In Canada, texts, logs, photos, and reports can sometimes be used in different legal processes. How they are treated depends on the laws and rules in each province or territory, and on the judge or decision-maker.

Protective and Restraining Orders

• Evidence may help show a pattern of fear, threats, or controlling behaviour.
• Examples can include screenshots of threats, records of repeated unwanted contact, or logs of incidents.
• Court staff or legal clinics may explain what types of information are commonly attached to applications, but they cannot guarantee results.
• Some courts may have rules about how many pages or what formats they accept, especially for electronic evidence.

Criminal Investigations and Charges

• Police may review messages, photos, call logs, or witness information when deciding whether to investigate or recommend charges.
• If charges are laid, prosecutors may decide which evidence is relevant and how it is presented in court.
• Police might ask to access your phone or account to verify information. You can ask questions about what they will do with the data.
• Some evidence may need to be preserved in its original form, so avoid deleting items if you think you may want to share them with police later.

Family and Custody-Related Cases

• In family courts, patterns of controlling or abusive behaviour can sometimes be relevant to parenting and safety decisions.
• Logs of incidents, messages about children, missed pickups, and safety concerns may be considered.
• Judges may also look at whether sharing certain information publicly (such as social media posts) affects a child’s well-being.
• Rules about what family courts accept and how they review it vary across Canada. Legal information services can help explain local processes.

For additional information about evidence and safety planning, you may also find resources listed at DV.Support helpful.

Recording Warnings and Privacy Considerations

Recording conversations, phone calls, or videos without someone’s knowledge is a complex area in Canadian law. Rules differ by province and by situation.

Audio and Video Recording

• In many situations, if you are part of the conversation, recording it may be allowed. However, this can still have consequences in court or in your relationship.
• If you are not part of the conversation, secretly recording others is more likely to raise legal issues.
• Even if a recording is legal, a court may decide how much weight to give it, or whether it can be used at all.
• Secret recording may increase your risk if the other person discovers the device or files.

Safety Risks of Recording

• Visible recording devices can escalate tension in the moment.
• Hidden devices, if found, can lead to increased monitoring, anger, or retaliation.
• Cloud backups of recordings may show up on shared devices if accounts are linked.

Before You Record

• Think about whether recording is necessary for your safety, or whether logs, screenshots, and witness information may be lower risk.
• Consider speaking with a legal clinic, duty counsel, or community legal information service about recording laws where you live, if it is safe to do so.
• Plan how you would store any recording so it is less likely to be discovered by the person harming you.
• Decide in advance whether you would feel comfortable sharing recordings with police, a lawyer, or a court if asked.

Recommended Articles

• Staying Safer with Phones, Email, and Social Media
• Safety Planning in Ontario
• Protecting Your Online Accounts from Monitoring
• Understanding Police and Court Options in Ontario
• How to Check if Your Device Is Being Monitored