Evidence in Ohio Domestic Violence Cases

How survivors can gather and organize documentation for Ohio DV-related legal matters.

Safely Collecting and Storing Evidence in Canada

Helpful Types of Evidence

Different kinds of information can help show a pattern of harm or control. Not all of these will be safe or possible for everyone. It is okay to use only what feels safer for you.

• Texts, emails, and messages – screenshots, saved chats, call logs, social media messages, and voicemail summaries.
• Photos and videos – property damage, injuries, broken belongings, holes in walls, or screenshots of online posts.
• Notes or a brief log – simple, dated notes about what happened, who was there, and any impacts (for example, missed work or needing medical care).
• Witness information – names and contact details of people who saw or heard incidents, or who saw injuries or changes in behaviour.
• Medical and health records – discharge papers, doctor or clinic visit summaries, pharmacy receipts.
• Police or shelter records – police occurrence numbers, safety plans, shelter intake notes, or caseworker names.
• Financial records – bank statements, pay stubs, receipts, credit card records that show financial control or sudden changes.
• Work or school records – emails about missed work or school, performance changes, or security concerns.

Safer Ways to Store Evidence Digitally

If it is safe to do so, digital copies can be easier to keep and share. The priority is that the other person does not discover what you are saving.

Basic Safety Considerations

• Consider whether the other person knows your passwords, checks your devices, or has access to your accounts.
• Think about how they react when they feel watched or challenged. If they often check your phone, extra secrecy may raise risk.
• If it does not feel safe to store anything yourself, it may be safer to tell a trusted person what is happening instead of collecting records.

Options for Storing Information

• Trusted person – send copies of texts, screenshots, or notes to a trusted friend, family member, or support worker who can keep them for you.
• Separate email account – if safe, use a new email with a strong password and no obvious link to you (for example, no real name). Log in only on devices the other person cannot access.
• Encrypted apps or storage – some apps and cloud services offer two-factor authentication and encryption. Use only if the other person does not control your phone or see your log‑ins.
• Printed copies – if safe, print key emails, texts, or photos and store them outside the home (for example, with a trusted person).
• Physical notebook – a small, plain notebook kept in a safe place away from home, with simple dated notes instead of detailed descriptions.

How Evidence May Be Used in Canadian Legal Processes

Laws and court practices can differ between provinces and territories, and each case is different. The information below is general and not legal advice.

1. Civil Protection Orders (CPOs) and Similar Orders

In many parts of Canada, peace bonds, restraining orders, emergency protection orders, or other safety orders may be available. Evidence can sometimes help show:

• a pattern of threats, stalking, or intimidation
• recent incidents of harm or fear
• ways the other person has ignored boundaries or past agreements

Types of evidence that may be useful include incident logs, threatening messages, police occurrence numbers, and photos of property damage or injuries.

2. Parenting, Custody, and Access Cases

In family court, information about safety can be relevant to decisions about parenting time and decision-making responsibility. Evidence may be used to show:

• patterns of controlling behaviour or violence
• concerns about substance use, threats, or unsafe caregiving
• impacts on children’s well-being, routines, or school

Courts may consider texts, emails, reports from schools or health providers, and any court or police documents. Different provinces and territories may weigh these materials in different ways.

3. Criminal Investigations and Charges

If police are involved, evidence can sometimes support an investigation or charge. Examples can include:

• threatening or harassing messages
• photos of injuries or damage taken as soon as it is safe to do so
• witness names and contact details
• records of previous reports to police or services

Police and prosecutors decide what they can use and how. Keeping copies in a safe place can make it easier to provide information later if you choose.

Caution About Recording Laws in Canada

Recording conversations, calls, or videos can involve serious legal risks and safety risks. The rules can be complex and may differ for phone calls, in‑person conversations, and private spaces.

• In Canada, recordings often involve “consent” rules. In some situations, a recording may be allowed if at least one person taking part in the conversation consents. In other situations (for example, certain video recordings or recordings where there is a reasonable expectation of privacy), additional rules and criminal laws can apply.
• Courts, police, or child protection workers may or may not accept recordings, even if they were legally made.
• If the other person discovers a recording, it may escalate their behaviour and increase risk to you or others.

Because of these legal and safety issues, consider the following:

• Focus on safer forms of documentation first, such as written notes, saved messages, and photos of non‑private spaces taken when it is safe.
• If you are thinking about recording conversations, a local legal clinic or duty counsel may be able to explain how the rules apply in your province or territory.
• If anyone is in immediate danger, contacting emergency services in your area may be the priority, rather than trying to record what is happening.

Recommended Articles

• Staying Safer on Phones, Email, and Social Media
• Safety Planning in Ontario
• Thinking About Leaving Safely
• Safety Planning When Children Are Involved
• Signs Someone May Be Monitoring Your Technology