Evidence in New Mexico Domestic Violence Cases
How survivors can safely gather and present evidence in New Mexico DV legal cases.
Safely Collecting and Storing Evidence of Relationship Harm
1. Common Types of Evidence
Evidence can look different in every situation. These are general examples that may be helpful in future legal, safety, or support processes.
- Messages and social media – texts, emails, DMs, chat logs, call logs, and screenshots of posts, comments, or threats.
- Photos and videos – images of damaged property, injuries (if safe to take), or locations; screenshots of online behaviour.
- Audio recordings – voicemails, saved threatening messages, or other recordings (see important legal warning below).
- Incident notes – a dated log of what happened, including times, locations, and any witnesses (for example, “2025-03-12, 9 pm, argument in kitchen, neighbour may have heard”).
- Third-party records – copies of police reports, medical discharge summaries, school notes, shelter intake notes, or workplace incident reports, if available.
- Financial records – bank statements, pay stubs, bills, proof of sudden debts, or control of money.
- Screenshots of control or tracking – evidence of location tracking, account lockouts, or monitoring activity if it is safe to collect.
Only collect evidence if it can be done safely and without increasing monitoring or conflict. Your physical and emotional safety matter more than any record.
2. Safer Ways to Store Digital Evidence
Many people causing harm monitor phones, computers, and accounts. Consider options that reduce the chance of someone finding what you are keeping.
On Devices
- Use a device they cannot access if possible (for example, a trusted friend’s phone, a shelter computer, or a work device with permission).
- Avoid obvious folders labelled “evidence” or “abuse.” Use neutral names if needed.
- Lock your device with a PIN, password, or biometrics that the other person does not know.
- Turn off previews on your lock screen for messages and emails that might refer to safety planning.
Cloud and Online Storage
- Separate accounts – create a new email or cloud account that the person does not know about, using a strong, unique password.
- Backup copies – send copies of screenshots or files to that separate email or cloud storage, or to a trusted support person.
- Check login locations – review “recent activity” on accounts where this feature exists, and sign out of sessions you do not recognize.
Offline and Physical Storage
- Printouts – when safe, print important messages or logs and store them outside the home (for example, with a trusted person).
- External drives – use a USB key or external drive kept in a safe location away from the person causing harm.
- Written logs – keep a notebook with dates and details stored outside the home or in a place that is difficult for the other person to access.
If the person has access to your passwords, devices, or phone account, they may see what you store or delete it. In that case, consider keeping evidence only outside the home or with someone you trust.
3. How Evidence May Be Used in Legal Processes
Evidence can sometimes support different types of legal processes in Canada, but rules can vary by province and territory, and by court. The information below is general only and not legal advice.
Protection Orders and Peace Bonds
- Copies of threatening messages, photos of damage, call logs, and incident notes may help show a pattern of risk.
- Medical records, police reports (if any), or shelter notes may support your description of what has been happening.
- Courts may look at the history of incidents, not just one event.
Criminal Investigations and Charges
- Police may ask for screenshots, messages, call logs, or other records when investigating possible offences.
- Saving original versions of messages (not just screenshots) can sometimes help show they were not altered.
- Police and Crown lawyers decide what evidence they can use and how.
Family and Parenting / Custody Cases
- Documentation of threats, stalking, or controlling behaviour may sometimes be considered when decisions about parenting time, decision-making, or safety conditions are made.
- Records showing impacts on children (for example, school notes or professional reports) may be relevant, depending on the situation.
- Court processes in family matters can be complex, and what evidence is accepted may differ between provinces and territories.
For information about how evidence might be treated in your area, consider contacting a legal clinic, duty counsel, or a community legal information service. Additional support options across Canada can be found through resources listed at DV.Support.
4. Important Warning About Recording Laws
Laws about recording conversations, calls, or videos are not the same everywhere in Canada. There are rules about when a recording is legal and whether a court will allow it to be used as evidence.
- Secret recordings can have risks – they may be illegal in some situations, or a court may not allow them, even if they feel important to you.
- Audio and video in private spaces (such as homes) may raise additional legal and safety concerns.
- Sharing recordings of another person, especially online or with third parties, can have legal consequences.
Before trying to record someone, it is safer to get legal information specific to your province or territory. Community legal clinics, duty counsel, and legal information lines can explain local rules. If it does not feel safe to ask from home, consider calling from a different phone or device.
5. Balancing Safety and Evidence
Evidence can be useful, but it is only one part of safety.
- If collecting or storing evidence increases the risk of violence, pressure, or surveillance, it may not be worth doing.
- It can still help to speak with a trusted support service about what has been happening, even if you have limited or no documentation.
- Support workers are often used to hearing about situations where there is little “proof” but clear safety concerns.
You are allowed to seek information and support even if you are unsure whether you will involve police or the courts. Looking at options does not force you into any particular decision.