Evidence in Ontario Domestic Violence Cases

How Ontario survivors can gather and present documentation safely for family or criminal matters.

Safely Collecting and Storing Documentation

Types of Documentation That May Be Helpful

Some people choose to keep records of what has been happening in their relationship. This can sometimes support safety planning, conversations with support workers, or future legal steps. What is helpful, and what is safe, can be different for each person.

Texts, Emails, and Messages

• Save threatening or harassing texts, emails, and app messages where it is safe to do so.
• Take screenshots that clearly show:
  • the sender and receiver
  • date and time
  • full message, not cut off
• If it is safer, consider forwarding messages to a trusted person or a separate email account that the abusive person cannot access.

Journals and Incident Notes

• Some people keep a simple log of incidents, using neutral language.
• Include details such as:
  • date and approximate time
  • location
  • who was present
  • what was said or done, in your own words
• Paper journals can be risky if the abusive person searches belongings. Think about where it could be kept safely, or whether a journal is safe for you at all.

Screenshots and Photos

• Screenshots can capture:
  • messages and social media posts
  • call logs and blocked call attempts
  • changes to shared accounts (for example, sudden password changes)
• Photos may show:
  • property damage
  • visible injuries (if you choose to record them)
  • screens on devices showing abusive messages
• Be cautious: photos and screenshots can appear in “recent” albums, cloud backups, or shared photo streams.

Police Reports

• If police are called, they may create an occurrence report or incident number.
• Where it is safe to store it, some people keep:
  • the incident or file number
  • business card or name of the officer they spoke with
  • any written information given by police
• In many parts of Canada, you can later request a copy or summary of certain reports. Processes and fees vary by police service.

Medical Notes and Health Records

• Doctors, nurses, and other health providers usually make clinical notes when they see you.
• If it feels safe, you can tell a provider if an injury or health concern is related to relationship harm so there is a record in your file.
• Some people later request copies of:
  • discharge summaries
  • visit notes
  • imaging or test results related to injuries
• Rules for accessing health records differ by province and provider.

Safer Digital Storage Options

Any digital record can be discovered, especially if someone has physical access to your devices or knows your passwords. Consider what is realistic and safest in your situation.

Before You Store Anything

• Think about whether the abusive person:
  • knows or guesses your passwords
  • has access to your phone, tablet, or computer
  • pays for or controls your phone plan or cloud accounts
• Review any shared devices, family accounts, or synced photo libraries.
• Decide whether it is safer to store information away from your home or not at all.

Digital Storage Ideas

• Separate email account: Create a new email with a strong password and recovery options that the abusive person does not know. Email copies of screenshots or notes to that account if safe.
• Cloud storage: Some people use secure cloud folders. This may be risky if:
  • the account is shared or family-managed
  • two-factor codes go to a device the abusive person sees
• Trusted person’s device: With consent, you might keep copies on a friend’s or family member’s phone, computer, or USB drive they control.
• Printouts: Printed copies can be stored in a safe place outside your home, such as with a trusted person, if that feels safer than digital storage.

How Documentation May Be Used in Legal Processes

Documentation can sometimes be used in Canadian legal processes, but what is accepted, how it is used, and how much weight it carries depends on the laws and rules in your province or territory, and on the decision-maker in your case.

Restraining Orders and Similar Court Orders

• In some provinces, people apply to family court for restraining orders or similar protection orders.
• Documentation that might be relevant can include:
  • copies of threatening messages
  • incident notes or journals describing what happened
  • police occurrence numbers or reports
  • medical records or photos that show injuries or impacts
• The court generally looks for patterns, recent incidents, and information that relates to safety.

Peace Bonds (Criminal Code)

• A peace bond is a type of order under the Criminal Code that may place conditions on another person.
• Police and prosecutors may consider:
  • prior police reports or criminal charges
  • threatening messages or emails
  • witness information
• Documentation you have kept might help you explain your concerns to police or Crown counsel, depending on local practices.

Parenting and Family Law Cases

• In parenting disputes, courts across Canada are required to consider family violence when making decisions about parenting time and responsibilities, though how this is done varies by province or territory.
• Records that may be considered include:
  • police and child protection records, if any
  • medical notes that mention relationship harm
  • messages that show threats, harassment, or controlling behaviour
  • incident logs showing patterns of behaviour over time
• Sometimes, professionals such as parenting assessors or mediators may also look at some of this information, depending on the process you are in.

Important Caution About Recording Laws

Recording laws in Canada can be complicated, and they can differ in important ways between criminal law, privacy law, and family or civil proceedings.

Audio and Video Recordings

• Under Canada’s Criminal Code, a person is generally allowed to record a conversation they are part of, without telling the other person, but there are limits and exceptions.
• Secretly recording conversations you are not part of can be illegal in many situations.
• Even if a recording is legal to make, a court or tribunal may choose:
  • not to accept it as evidence, or
  • to give it limited weight in a decision.
• Some workplaces, public spaces, and institutions have additional rules about recordings.

Safety and Risk Considerations

• Recording can increase risk if the other person discovers the device or files.
• Devices used for recording may be seized or copied in some legal processes.
• In some situations, recording children, professionals, or court-related meetings without consent may be viewed negatively by a judge or decision-maker.

Balancing Safety, Privacy, and Documentation

It is your choice whether to keep documentation. Some people keep almost nothing for safety reasons. Others keep limited, carefully stored records that feel manageable and safe enough.

• Check in with yourself about whether certain documentation might make you feel more secure, or more anxious and at risk.
• Consider sharing your plan for documentation and storage with a support worker, advocate, or trusted person who understands your safety concerns.
• It is okay to change your mind about what you keep or how you store it as your situation changes.

Recommended Articles

• Digital Safety Planning
• Staying Safer in Ontario
• Thinking About Leaving Safely
• Post-Separation Safety
• Supporting Someone Experiencing Harm