Evidence in Newfoundland and Labrador Domestic Violence Cases
How NL survivors can gather and store documentation safely for protection orders and family court matters.
Keeping Documentation and Evidence Safely
Common Types of Documentation
Different kinds of records can help show a pattern of harm or control over time. These are sometimes called “documentation” or “evidence.” They may include:
- Text messages and online messages – SMS, WhatsApp, social media DMs, email, and messaging apps
- Photos and screenshots – images of damaged property, visible injuries, threatening messages, call logs, or missed calls
- Personal journals or notes – brief, factual notes about dates, times, what happened, and who was present
- Police reports or occurrence numbers – any calls to police, report numbers, or officer names (if known)
- Other documents – medical visit summaries, school reports, shelter intake notes, or workplace incident reports
Only keep documentation in ways that feel as safe as possible for your situation. If collecting or hiding records could increase risk, it may be safer not to keep them yourself.
Texts, Photos, and Screenshots
Messages and images can show a pattern of threats, pressure, or control. Some people choose to keep:
- Screenshots of texts, apps, or social media posts (including dates and usernames)
- Photos of damaged items, threats written on paper, or concerning notes
- Photos of call logs showing repeated or late‑night calls
- Backups of important voicemails (if safely possible)
If it is safer, you can sometimes forward messages or screenshots to a trusted person so they are stored away from the device the other person may see or control.
Journals and Personal Notes
Some people choose to record what happened in a simple, factual way. A journal does not have to be detailed. It could include:
- Date and approximate time
- Where you were
- What was said or done, in neutral language
- Names of anyone who may have seen or heard something
Notes can be kept on paper or electronically, depending on what is safer. Short, clear entries can be easier to review later if you choose to share them with a support worker or lawyer.
If written notes could be discovered and read, it may be safer not to keep a journal at home or on a shared device.
Police Reports and Official Records
When police are called, they often create an occurrence report or file. If it feels safe and you are comfortable doing so, you may wish to:
- Write down the police occurrence or file number
- Note the police service name (for example, city police or RCMP detachment)
- Record the date and approximate time of the call or visit
- Note the officer’s name or badge number, if you have it
Keeping these details in one place may help if you later speak with a lawyer, duty counsel, or a community support worker about your options.
Safer Ways to Store Documentation
How and where you store information can affect your safety. Consider what the other person can access or monitor.
Digital Storage Options
- Email to yourself or a trusted person – Forward screenshots or notes to an email account the other person cannot access.
- Cloud storage with a separate login – Use a separate account for documents (if safe and not logged in on shared devices).
- Secure note apps – Some apps allow password-protected notes; only use them if you are sure the password is private and the app will not attract attention.
- External devices – A small USB drive or SD card kept outside the home or with a trusted person can reduce the chance of discovery.
If the other person has access to your phone, computer, or accounts, they may see deleted items, browser history, cloud backups, or app activity. For online safety tips, a separate resource on digital safety may be helpful.
Physical Storage Options
- With a trusted person – A friend, family member, or support worker may be able to store copies for you.
- Outside the home – A locker, safe deposit box, or workplace drawer (if safe) can be options.
- Organized folders – Simple folders labelled by year or topic can make it easier to find information later.
Think about what would happen if the other person found these documents. If discovery would increase danger, it may be safer to store nothing, or to let a trusted service keep any records instead.
How Documentation May Be Used in Legal Processes
In Canada, documentation can sometimes be used in different types of legal processes. Rules of evidence are complex and vary by province or territory, and by court.
This information is general and not legal advice. A lawyer, legal clinic, or duty counsel can explain how evidence rules apply in your situation.
Emergency Protection Orders and Similar Orders
Some provinces and territories offer emergency protection orders or similar safety orders. When applying, decision‑makers may look for information showing why you are asking for protection. This can include:
- Printouts or screenshots of threatening or harassing messages
- Brief notes of past incidents, with dates and times if remembered
- Police occurrence numbers or past report details, if any
- Information about past breaches of existing orders
The person helping with your application (for example, duty counsel, a legal clinic, or a protection order program) may suggest which documents are most useful and how to present them safely.
Family Court Matters
In family law processes (such as parenting, decision‑making responsibility, or contact/parenting time), safety concerns can be important. Documentation may be used to:
- Show a pattern of behaviour that affects safety or parenting
- Support requests about parenting schedules or conditions to keep everyone safer
- Confirm that police were called or that certain incidents were reported
Family courts may have specific rules about how to share documents with the other side and with the court. These rules can affect what information is filed and how. A family law lawyer or duty counsel can explain the process in your region.
Criminal Investigations and Court
If police investigate possible criminal offences, they may ask about any messages, photos, or records you have. In some cases, they may:
- Ask to see your phone, screenshots, or devices
- Take copies of relevant messages, call logs, or photos
- Request access to certain records through legal processes
What can be used as evidence, and how it is used, follows Canadian criminal law and rules of evidence, which are detailed and can change. A criminal lawyer or duty counsel can speak about how documentation might be used in a specific case.
Keeping documentation does not mean you must go to court or report to police. It simply offers options if, at some point, you decide to speak with a legal or support professional.
Caution About Recording Conversations
In Canada, the law about recording conversations (audio or video) is complex. Important points to consider include:
- Consent rules – In many situations, it may be legal to record a conversation if at least one person in the conversation consents to the recording. However, details can be complicated, especially for online or group conversations.
- Privacy expectations – Secretly recording someone where they reasonably expect privacy can raise legal and safety issues.
- Risks if discovered – If the other person discovers you are recording, it may increase the risk of harm or control.
- Use in court – Even if a recording was made, there is no guarantee a court will allow it to be used as evidence.
Before recording any person, especially in a private setting, consider speaking with a lawyer or legal clinic in your province or territory to understand the risks and local rules. This page is not legal advice and cannot confirm what is legal in your exact situation.
Balancing Safety and Documentation
It is your choice whether to keep records. Some people decide that safety in the moment is more important than keeping evidence. Others feel more comfortable documenting certain things while taking extra precautions about where and how they store them.
If you want to explore options in more detail, support organizations and legal clinics often have workers who can talk through safety planning and documentation approaches. Additional support options across Canada can be found through resources listed at DV.Support.