Evidence in Prince Edward Island Domestic Violence Cases
How PEI survivors can safely organize documentation for legal matters.
Planning How to Safely Use Evidence of Abuse
1. Examples of Evidence You Might Collect
Evidence can be many different things. It does not have to be perfect to be useful. It can help show a pattern over time.
- Messages and online communication – texts, emails, social media messages, app messages, call logs, voicemail screenshots or recordings.
- Notes about incidents – date, time, what happened, any witnesses, and how you felt or what you did after.
- Photos or screenshots – damage to property, screenshots of threatening posts or messages, repeated phone calls or missed calls.
- Medical or health records – clinic or hospital discharge summaries, notes from a nurse or doctor, copies of prescriptions or treatment plans.
- Work or school records – attendance issues, security reports, emails with HR or teachers about safety concerns.
- Police or community reports – police occurrence numbers, wellness checks, shelter intake notes, or safety planning notes (if you have copies).
- Financial records – bank statements, credit card bills, loan documents, and emails about money control or unauthorized use.
- Witness information – names and contact details of people who may have seen or heard incidents, or noticed changes in your situation.
Try to note dates and times whenever possible. Even short notes, saved consistently over time, can help show a pattern.
2. Safe Storage and Backups
Any evidence collection should be balanced with your safety. If the person causing harm checks your devices or belongings, it may be safer to avoid keeping sensitive material where it can be found.
Safer Storage Options
- Use a trusted person – ask someone safe to store copies (screenshots, documents, photos) on their phone, email, or in a folder at their home.
- Separate email account – consider creating a new email with a strong password and no obvious link to you, and forward or upload evidence there.
- Printed copies – print important documents or screenshots and store them at work, a trusted person’s home, or another safe location.
- USB or external drive – store information on a password-protected USB that is kept outside your home if possible.
- Cloud storage – use secure cloud storage with strong passwords and two-step verification, as long as you are confident the account is not being monitored.
Reducing the Chance of Discovery
- Delete obvious screenshots or messages from a shared device once safely backed up.
- Clear download history or move files immediately to safer storage.
- Use device locking (PIN, fingerprint, face ID) where safe and allowed.
- Avoid naming folders or files in a way that could raise suspicion.
If the person causing harm closely monitors your phone, computer, or accounts, it may be safer not to collect or store evidence on those devices at all. You can focus on memory-based notes shared verbally with a trusted supporter or lawyer later.
3. How Evidence May Be Used in Different Legal Processes
Processes and rules can be different in each province or territory. The information below is general and does not replace legal advice.
Emergency Protection Orders and Similar Safety Orders
Evidence can sometimes help when applying for an Emergency Protection Order (EPO) or similar urgent protection order, where available in your province or territory.
- Notes describing recent incidents and threats may help show urgency and risk.
- Printouts or screenshots of threatening or harassing messages can be attached or shown to the court.
- Police occurrence numbers, if you have called police before, can be included.
- Information about weapons, stalking, or breaches of past orders can be important to share.
The name and type of urgent protection orders vary across Canada, and some areas may not use the term “EPO.” A legal clinic, duty counsel, or local family violence service can explain options in your region.
Family Court (Parenting, Support, and Property Issues)
In family court, evidence is often used to show patterns of behaviour that affect safety and parenting arrangements.
- Text messages, emails, and call logs can show patterns of control, threats, or interference with time with children.
- Documentation of missed pickups, last-minute cancellations, or unsafe exchanges can be recorded in a log.
- School and medical records may help show how the situation is affecting children.
- Financial records can show economic control, hidden debts, or refusal to share money for basic needs.
Courts may have rules about how to submit documents, what is considered relevant, and what must be shared with the other party. A legal information service or lawyer can explain how this works where you live.
Criminal Cases
If police lay charges, evidence you collected may sometimes be used to support the investigation, depending on the circumstances and the law in your area.
- Screenshots of threats or harassment may support criminal charges related to intimidation, criminal harassment, or threats.
- Photos of damage or injuries (if you have them) can sometimes support mischief or assault-related charges.
- Your notes can help you remember details when speaking with police or a Crown prosecutor.
- Witness information can help police contact people who may have seen or heard incidents.
In criminal cases, police and Crown prosecutors decide what evidence to use and how it is presented. They also have to follow evidence rules in your province or territory and under federal criminal law.
For additional information about options across Canada, you can also review resources listed at DV.Support, which gathers links to many local and national services.
4. Reminder About Recording Laws in Canada
Recording audio or video can feel like a way to document what is happening, but laws and safety risks need to be considered carefully.
“One-Party Consent” and Privacy
- In Canada, certain types of call or conversation recording may be legal if at least one person in the conversation consents to the recording.
- This does not mean all kinds of recording are allowed. Privacy, workplace rules, and other laws may still apply.
- Hidden cameras or recording people when you are not part of the conversation can raise serious legal and safety concerns.
Laws around recording, privacy, and use of recordings in court can change and may be interpreted differently in different situations. Before recording, it is safest to speak with a legal clinic or lawyer in your province or territory for information about your specific situation.
Safety Risks of Recording
- If the person causing harm discovers recordings, this may increase tension or risk.
- Recordings stored on shared devices or in visible apps can be found easily.
- Some people may change their behaviour in dangerous ways if they suspect they are being recorded.
If you decide to record:
- Think about whether it increases your safety or could make things more dangerous.
- Consider how and where the recording will be stored to reduce the chance it will be discovered.
- Get legal information in your area about whether and how recordings can be used in court.
Planning Next Steps Safely
Collecting and using evidence is a personal choice. It is okay to move slowly, change your mind, or focus only on what feels manageable and safe for you right now.
Legal information services, community advocates, and some shelters can explain how evidence is usually handled in your local courts, but they cannot guarantee outcomes. You can choose what to share and when.