Evidence in New York Domestic Violence Cases
How NY survivors can gather and safely store documentation for DV-related court cases.
Safely Collecting and Storing Documentation of Abuse in Canada
Types of Documentation That May Be Helpful
Photos and Videos
Some people choose to keep visual records related to what is happening in their relationship. This can include:
- Photos of damaged belongings, property, or the scene after an incident
- Photos of injuries or visible marks over time
- Screenshots of online activity, posts, or messages
Texts, Emails, and Call Logs
Digital communication can sometimes help show patterns of behaviour. Examples include:
- Text messages, emails, or app messages that feel threatening, controlling, or harassing
- Call history or logs showing repeated unwanted calls
- Voicemails or voice messages that you can save or export
Where possible, consider backing up important messages outside the original app, such as saving screenshots or printing them.
Personal Notes or Incident Logs
Some people keep a simple log of concerning events. This might include:
- Dates and approximate times of incidents
- What happened in general terms (no need for detailed descriptions)
- Who was present or aware (neighbours, friends, children, co-workers)
- Whether you sought medical help or contacted police or another service
Medical Records
Medical records can sometimes help show a pattern of harm, even when you chose not to talk about relationship abuse at the time. This may include:
- Hospital or clinic visit summaries
- Discharge papers or after-visit instructions
- Physiotherapy, counselling, or other treatment notes
- Prescriptions related to injuries or stress
You can usually ask your health-care provider or clinic for copies of your records, though there may be fees or procedures that differ by province or territory.
Police Reports and Related Documents
Police involvement, if it has happened, may create records such as:
- Occurrence or incident reports
- Statements you gave
- Reports from witnesses
- Conditions placed on the other person (for example, release terms or no-contact directions)
In many parts of Canada, you can request a copy or summary of police reports, but the process and what can be shared varies by region and case type.
Safer Ways to Store Documentation
Thinking About Device Safety
It can be risky to store sensitive information on a device that the other person uses or monitors. Consider:
- Whether the other person knows your passwords or device PIN
- Whether they can access your email, cloud storage, or shared accounts
- Whether they regularly search your phone, computer, or paper documents
Physical Storage Options
Non-digital storage can sometimes feel safer, depending on your situation. Examples include:
- Printed screenshots, emails, or photos kept outside the home (for example, with someone you trust)
- A notebook kept in a secure place away from shared living spaces
- Copies of medical or police documents stored at work, in a locker, or in a safety deposit box if that is accessible
Digital Storage Options
If it feels safe for you, some people use:
- A new email account (with a strong password and no account recovery links to shared phones) to forward screenshots or notes
- Cloud storage that the other person does not know about or access
- A trusted friend’s device or account, with clear agreement about privacy
Before using any online service, consider whether:
- The account might appear in shared browsing history or saved passwords
- Notifications or verification codes might show up on a shared phone number or email
- Automatic backups from your phone could reveal photos or documents
Minimizing Digital Traces
If discovery of your documentation could increase danger, it may help to:
- Regularly delete photos, screenshots, or messages from your main device after backing them up elsewhere
- Turn off automatic photo backups if they link to a shared account
- Avoid naming files in ways that clearly show their content (for example, use neutral file names)
How Documentation May Be Used in Canadian Courts
Family Court
In family law matters (such as parenting time, decision-making responsibility, or support), documentation about safety concerns may be considered as part of the overall picture, including:
- Message records, emails, or logs showing patterns of threats, harassment, or control
- Medical records that show repeated injuries or stress-related health issues
- Police reports or prior involvement with child protection services
Each province and territory has its own procedures and rules about how information is presented and what a judge may consider. Courts generally look at patterns and overall safety, not just single incidents.
Criminal Court
When criminal charges are involved, the police and Crown prosecutors decide what evidence to use. They might look at:
- Texts, emails, or call logs, where legally obtained
- Photos, videos, or recordings, depending on how they were created
- Medical records and police reports
Different rules apply to criminal evidence than to personal documentation. The Crown, your lawyer, or duty counsel (if available) can usually explain what may or may not be used in a specific case.
Orders of Protection and Related Orders
Across Canada, there are different types of protection-related orders, which may have different names depending on the province or territory. Examples can include:
- Peace bonds
- Restraining orders
- Emergency or protection orders under provincial or territorial laws
When asking a court for protection, documentation can sometimes help show why you are requesting the order, such as:
- Evidence of threats, harassment, or stalking
- Records of past incidents, including police calls
- Medical or counselling records, where you feel comfortable sharing them
Important Warning About Recording Laws in Canada
Audio and Video Recording of Conversations
Canadian criminal law about recording conversations is complex, and rules can differ from what people see online or in other countries.
- Under federal criminal law, if you are a participant in a conversation, it may be legal to record that conversation yourself in some situations.
- Secretly recording conversations that you are not part of, or interfering with private communications, can be a criminal offence.
- Even if making a recording is not a criminal offence, a court might still limit or refuse to consider certain recordings.
In addition, privacy laws and family court rules can affect whether a judge will accept or rely on recordings, especially if children are involved.
Risks of Recording
Secretly recording someone can increase conflict or danger if it is discovered. Consider:
- Whether the other person regularly searches your phone or other devices
- Whether they know how to check call logs, voice memos, or cloud backups
- How they might react if they find out they are being recorded
It can sometimes be safer to focus on other forms of documentation, such as written logs, saved texts, or third-party records (for example, medical visits or police attendance), instead of recordings.
Getting More Information and Support
If you choose to gather documentation, it may help to speak with a local legal clinic, duty counsel, or a community-based support worker to understand how records are usually used in your area. Many services can talk about general options without requiring you to start a court case.
Additional support options across Canada, including some that list legal and safety resources, can be found through services linked at DV.Support.