Evidence in North Dakota Domestic Violence Cases
Collecting and organizing evidence for ND domestic violence-related legal processes.
Gathering and Storing Evidence Safely in Canada
1. Common Types of Evidence
Evidence can come in many forms. Not all of the items below will be relevant or safe for every situation.
- Messages and emails – texts, instant messages, social media messages, and emails that show threats, harassment, control, or breaches of court orders.
- Call logs and voicemails – records of frequent or unwanted calls, especially late at night or after being asked to stop.
- Photos and videos – images of damaged property, injuries, and screenshots of online behaviour. Avoid confronting the person to create “proof.”
- Journal or incident notes – dates, times, locations, what was said or done, who was present, and how it affected you or children.
- Witness information – names and contact details for people who saw incidents, patterns of behaviour, or injuries.
- Medical and service records – visit summaries from clinics, hospitals, counselling, shelters, and victim services, where available.
- Financial records – bank statements, pay stubs, bills, and receipts that may show financial control, sudden debt, or blocked access to money.
- Police and court documents – occurrence numbers, copies of court orders, bail conditions, and written safety plans if you have them.
Keeping a simple timeline (for example, a list of key dates and short notes) can make it easier to explain a pattern of behaviour later.
2. Safer Digital Storage Options
Storing evidence safely includes thinking about who has physical and digital access to your devices and accounts.
Safer ways to store digital evidence
- Use a locked device – enable a strong passcode or biometric lock on phones, tablets, or computers if safe to do so.
- Separate email account – consider a new, secret email used only to forward or store evidence, accessed only on devices the other person cannot reach.
- Cloud storage with caution – a secure cloud account (for example, Google Drive, OneDrive, iCloud) may help if:
- the account has a strong, unique password, and
- two-step verification is on and linked to a device or number the other person does not control.
- External storage – a USB drive or external hard drive kept outside the home (for example, with a trusted person) can reduce the risk of discovery.
- Printed copies – when safe, printing key messages, orders, or emails and storing them in a secure place away from the other person.
Reducing the chance of being monitored
- Check device access – if the other person knows your passwords, has fingerprints or face ID registered, or has your device regularly, evidence may be found or deleted.
- Review account logins – many services show where your account is logged in and allow you to sign out of other sessions.
- Use safer devices – when possible, use a device the other person cannot access, such as a work computer or a trusted friend’s phone.
- Limit detailed content on shared devices – consider saving only minimal notes or using code words if you must store anything on a shared device.
If you think your phone or accounts are being monitored, it may be safer not to change passwords or settings until you can do so from a safe device, as sudden changes can sometimes increase risk.
3. How Evidence May Be Used in Different Legal Processes
Canadian courts and police may consider different kinds of evidence. What is allowed and how it is used can vary by province or territory and by the specifics of your situation. The information below is general only and not legal advice.
Peace bonds and protection orders
When asking for a peace bond or a family-law protection order (name and process vary by province or territory), evidence may help show risk and patterns, such as:
- threatening or harassing messages, including repeated contact after being asked to stop,
- photos of property damage, stalking, or other controlling behaviour,
- incident notes with dates and any witnesses,
- police occurrence numbers or prior reports, if any.
Court forms often ask for specific examples of behaviour and why you are afraid, not just general statements.
Family law and parenting / custody decisions
In parenting or custody-related cases, decision-makers usually focus on the best interests and safety of children. Evidence sometimes considered can include:
- records of threats or violence that children saw or heard about,
- messages about parenting exchanges, missed visits, or unsafe behaviour,
- school, daycare, or medical reports that mention concerns,
- existing protection orders or police involvement, where relevant.
Courts may look at patterns over time. Not every message or incident will need to be shown, but keeping records can help your lawyer or advocate identify what is most useful.
Criminal investigations and charges
For criminal matters, police and Crown prosecutors decide which evidence can be used and how. This may include:
- texts, emails, social media posts, and call logs,
- photos, videos, and audio recordings (subject to evidence and privacy laws),
- medical reports and photos of injuries,
- witness statements, including from neighbours, family, or service providers.
Even if you are not sure something “counts” as evidence, saving it safely and mentioning it to a lawyer, duty counsel, or victim services worker can help them assess its potential use.
Rules about what evidence can be shown in court, and how it must be shared with the other side, are complex and can change. A legal clinic, duty counsel, or victim services worker in your province or territory can explain how local rules may apply to you.
4. Important Cautions About Recording
Secretly recording someone can feel like a way to prove what is happening, but it can create safety and legal risks.
Legal considerations (general)
- Audio calls – in much of Canada, if you are part of a conversation, you can usually record that conversation without telling the other person. However, there are limits and exceptions, and how a recording is used in court can be different from whether it was legal to make.
- Video and in-person recordings – recording in private places like someone’s home, a bathroom, or a locker room may raise additional privacy concerns and may be treated differently.
- Sharing recordings – posting or sending recordings to others or on social media can create new legal problems, including potential criminal or civil consequences, depending on what is shared and where.
Safety considerations
- If the other person finds out about recordings, it may increase their anger or controlling behaviour.
- Phones or devices used for recording might be taken, broken, or searched.
- Trying to get a “good recording” can unintentionally put you in more dangerous situations.
Before recording, it may be safer to speak confidentially with a lawyer, legal clinic, or victim services worker about how recordings are treated in your region and situation. If that is not possible, focusing on written notes, saved messages, and witness details may carry fewer risks.
5. Balancing Evidence with Safety
Evidence can be helpful, but your safety and the safety of any children comes first.
- It is okay to stop collecting evidence if it feels unsafe or overwhelming.
- Even limited documentation (for example, a short list of key incidents and saved messages) can still be useful.
- Support workers, including many listed through resources at https://www.dv.support, may help you plan safer ways to store and share information.
If you ever feel in immediate danger, consider contacting emergency services if it is safe to do so, or leaving the area if you can. Evidence can be rebuilt later; your safety is more important than keeping records.