Evidence in New Jersey Domestic Violence Cases

A survivor-first guide to documenting abuse for New Jersey legal matters.

Safely Gathering and Using Evidence of Relationship Harm in Canada

1. Types of Evidence That May Be Helpful

Written and digital evidence

• Text messages, emails, and chat logs (including screenshots)
• Social media messages and posts (including deleted or edited notices, if visible)
• Letters, notes, or written threats
• Call logs showing the date, time, and number (even if the call was not answered)

Photos, video, and audio

• Photos of injuries, damaged property, or the state of a room (for example, items broken or thrown)
• Photos of screenshots, if saving or forwarding original content feels unsafe
• Videos that show what happened or the aftermath
• Audio recordings where it is legal and safe to make them (see recording warnings below)

Documents and official records

• Police occurrence numbers or reports (if any)
• Medical notes, discharge papers, or visit summaries
• Shelter or support agency intake notes or confirmation of contact
• Workplace incident reports, security reports, or school reports
• Copies of any existing court orders (for example, no-contact orders, peace bonds, family court orders)

Witness information

• Names and contact details of people who saw or heard incidents
• People who noticed changes in behaviour, injuries, or property damage
• Neighbours, coworkers, friends, or family who may have useful observations

Your own notes

• Date, time, and location of incidents
• What was said or done, in simple, factual language
• Whether children or other people were present
• How you responded (for example, called police, left the home, spoke to a friend)

2. Safely Organizing Evidence

General safety considerations

• Think about how the person causing harm checks your phone, computer, or papers.
• Decide whether it is safer to store information with someone you trust, or digitally with secure access.
• If it feels safer, you can choose not to keep certain items at all.

Ways to organize information

• Create a simple timeline (date and short description) in a notebook or document.
• Group items by type: messages, photos, medical, police, school, work.
• Label files or photos with dates and a few words so you can find them later.
• Keep track of any police report or occurrence numbers in one place.

Safer storage options

• A password-protected device or app, if it cannot easily be opened by the other person.
• A secure cloud account that the other person does not know about.
• Printed copies stored at work, a friend’s place, or another safe location.
• A small notebook that does not clearly show sensitive information on the cover.

3. How Evidence May Be Used in Different Types of Cases

Laws and court processes can vary between provinces and territories, and results are never guaranteed. The points below are general only and not legal advice.

Emergency and longer-term protection orders (TRO/FRO)

• In some places, there may be short-term orders (often called temporary or emergency orders) and longer-term orders (sometimes called final or family protection orders).
• Evidence may help show:
  • a pattern of threats, intimidation, or control
  • past incidents of physical, sexual, or psychological harm
  • recent escalations or violations of earlier agreements or orders
• Useful items can include messages, photos of injuries or damage, police event numbers, and your timeline notes.

Criminal investigations and charges

• Police and Crown prosecutors decide what evidence can be used in a criminal case.
• Evidence can help show what happened, when, and how often.
• Items such as messages, call logs, photos, medical notes, and witness details may assist an investigation.
• If police are involved, they usually gather and store evidence themselves; they may ask you to share what you have.

Family court and parenting/custody decisions

• In family court, evidence is often used to help show any safety concerns for you or children.
• Courts may consider:
  • patterns of coercive control, intimidation, or threats
  • any impact on children’s safety and well-being
  • police reports, medical records, and prior court orders
  • communications that relate to parenting (for example, threatening messages about parenting time)
• Organized timelines, copies of key messages, and notes about children’s reactions or disclosures may be helpful.

4. Important Warnings About Recording in Canada

General cautions

• Recording someone can increase immediate risk if the person finds out.
• Secret recording may affect how the situation is viewed by police or courts, depending on circumstances.
• Carrying devices, turning them on, or reaching for them during an incident can draw attention and escalate danger.

Privacy and consent issues

• In Canada, privacy and recording laws are complex and not the same in every context.
• Different rules can apply to:
  • private conversations
  • phone calls
  • public spaces
  • workplaces or shared homes
• Even if a recording exists, a court or police may decide how or whether it can be used.

Before recording

• Weigh whether recording could increase your physical, financial, or legal risk.
• Consider other forms of documentation that may be safer (notes, photos of aftermath, saving messages).
• If possible, get legal information specific to your province or territory before relying on recordings.

5. Balancing Safety and Documentation

It is not necessary to collect every possible piece of evidence. Your immediate safety and the safety of any children remain the priority.

• If keeping certain items increases your risk, it may be safer not to keep them.
• Small, consistent notes over time can be more manageable than trying to record everything.
• Support workers, legal clinics, and victim services (where available) can help you think through safer ways to document.
• Additional support options across Canada can be found through resources listed at DV.Support.

Recommended Articles

• Staying Safer on Phones, Email, and Social Media
• Safety Planning Basics for Ontario
• What Counts as Evidence of Relationship Harm?
• Understanding Protection and No-Contact Orders
• Supporting Someone Experiencing Relationship Harm