Evidence in Oregon Domestic Violence Cases
How survivors can document and store evidence for Oregon DV-related cases.
Using Messages, Photos, and Other Evidence Safely
Types of Evidence That Often Come Up
Different kinds of information may be treated as “evidence” in family or criminal cases. Not everything will be accepted by a court, but this list can help organize what you already have.
1. Digital and Communication Evidence
- Text messages, messaging app chats, and emails
- Call logs showing missed or repeated calls
- Social media posts, comments, messages, and photos
- Voicemails or audio messages (where recording is legal)
- Screenshots of threatening, harassing, or controlling messages
2. Photos, Video, and Physical Items
- Photos of damaged property or visible injuries (taken only when safe)
- Photos of weapons that were present (without touching or moving them)
- Broken items, damaged clothing, or other objects related to an incident
- Videos of property damage, threats, or breaches of court orders (where recording is legal and safe)
3. Documents and Records
- Past or current court orders (peace bonds, restraining orders, family orders)
- Police occurrence numbers, incident reports, and bail conditions
- Medical visit records, discharge summaries, or doctor notes
- School notes about changes in a child’s behaviour or attendance
- Notes from shelters, support workers, or victim services (if you have copies)
4. Personal Notes and Timelines
- Short, factual notes about what happened, when, and where
- A simple timeline of major events (incidents, moves, police calls, court dates)
- Information about who else was present or may have witnessed something
Digital Safety When Saving Evidence
Saving messages, photos, or documents can increase risk if the other person monitors your devices or accounts. Digital safety planning can lower that risk.
Safer Ways to Store Evidence
- Use a device the other person cannot access, if possible (for example, a trusted friend’s phone or a work computer that is not shared).
- Regularly back up important screenshots or documents somewhere safer than your main device.
- Consider cloud storage with a strong, unique password and two-factor authentication, if it does not increase your risk.
- Rename files in a neutral way that does not stand out (for example, “Notes-April.pdf”).
- Keep paper copies, if safe, in a place the other person cannot easily reach (for example, at a friend’s place or in a locked drawer at work).
What to Capture When It Feels Safe
- Full conversations instead of single messages, to show context.
- Dates, times, and phone numbers or usernames in screenshots.
- Photos that include something showing the date, when possible (for example, a phone lock screen, a newspaper, or a dated email).
Reducing Digital Traces
- Be cautious with search history and bookmarked pages, especially on shared devices.
- Log out of accounts when finished if someone else uses the same device.
- Avoid emailing sensitive evidence to yourself if the other person has ever had access to your email.
- Turn off automatic syncing of photos or files to shared cloud accounts, if that is safe to do.
How Evidence May Be Used in FAPA and Other Protection Orders
In some parts of Canada, like Alberta, there are specific family protection laws (for example, the Family Abuse and Protection Act, sometimes called FAPA). Other provinces and territories have similar, but differently named, protection order laws.
Evidence in Protection Order Applications
When a person applies for a protection order, decision-makers may look at different types of information to understand risk, such as:
- Copies or descriptions of threatening or controlling messages
- Photos of damage or injuries, if they exist
- Police occurrence numbers and summaries of what happened
- Notes about past incidents, even if they were never reported
- Information about children being exposed to harm or intimidation
How Evidence May Be Used in Custody and Parenting Cases
In family court, information is usually considered in terms of what is safest and most stable for a child. Evidence of relationship harm or coercive control can sometimes be part of that picture.
Examples of Evidence Sometimes Raised in Parenting Disputes
- Messages showing threats, harassment, or repeated unwanted contact
- Evidence that court orders or parenting schedules are not being followed
- Information about how conflict affects the children (school notes, counselling summaries, if available)
- Police or child protection involvement, if any
The court may focus on patterns over time, not only one incident. Clear, factual descriptions of what has happened can be more useful than long emotional explanations.
How Evidence May Be Used in Criminal Cases
In criminal investigations, police and Crown prosecutors decide what evidence they can collect and whether charges will go ahead. What counts as “good” evidence is guided by Canadian law and court decisions.
Examples of Information That May Be Relevant
- Threatening or harassing texts, emails, voicemails, or social media messages
- Photos or videos of damage, breaches of release conditions, or stalking behaviour (where recording is legal)
- Names and contact information of possible witnesses
- Medical records or other documents showing impact, if you choose to share them
Police sometimes ask to see your device or account to get copies of messages or photos. You can ask questions about what they are collecting and how it may be used.
Reminder About Recording Laws in Canada
In Canada, recording laws are complex, and they can affect whether audio or video is legal to create or to use later in court.
Audio Recordings (Phone or In-Person)
- Canada generally follows a “one-party consent” rule for private conversations. This means that if you are part of the conversation, you can usually record it without telling the other person.
- However, secretly recording conversations you are not part of can be illegal.
- Even recordings you were allowed to make might not always be accepted by a court or might raise other issues (for example, privacy or safety concerns).
Video, Photos, and Monitoring
- Placing hidden cameras or tracking devices (including on a vehicle or phone) can break criminal and privacy laws.
- Recording in places where people reasonably expect privacy (bedrooms, bathrooms, change rooms) can be illegal.
- Using spyware, keyloggers, or secretly accessing someone’s private accounts can also be against the law.
Balancing Safety and Evidence
Your immediate safety is more important than saving any single message, photo, or item. It is okay to focus on staying safe, even if that means some evidence is lost.
- Trust your sense of what might trigger the other person.
- Choose safer times and places, if any, to save or move files.
- Consider sharing key evidence with a trusted person or support worker, if safe.
Additional support options across Canada, including links to legal and safety resources, can be found through services listed at DV.Support.