Evidence in Rhode Island Domestic Violence Cases
How survivors can organize documentation for Rhode Island court matters.
Keeping Evidence Safely When There Is Relationship Harm
Examples of Possible Evidence
Evidence can be many different things. It does not need to be perfect or complete. It is usually about showing a pattern over time.
- Messages and online communication: texts, emails, social media messages, call logs, voicemails.
- Written notes: a dated journal of incidents, changes in behaviour, threats, or controlling actions.
- Photos or screenshots: damage to property, injuries, GPS locations, threatening posts, or blocked calls.
- Financial information: bank statements, pay stubs, receipts, records of money taken or controlled.
- Third‑party records: school notes, workplace write‑ups, landlord messages, copies of police reports, shelter intake notes.
- Medical and support records: walk‑in clinic printouts, hospital discharge summaries, counselling appointment confirmations.
- Timeline summaries: a simple list of important dates (for example, moves, separations, threats, police contact).
Storing Evidence as Safely as Possible
How and where evidence is stored can affect safety. Consider what the person causing harm usually checks or controls.
- Use safer devices when possible: a trusted friend’s phone, a work computer, or a device your partner cannot access.
- Email copies to a safe account: send evidence to an email account with a strong password that is not shared or remembered by the other person.
- Cloud or secure apps: store photos and screenshots in cloud storage that is not logged in on shared devices.
- Physical copies: keep paper copies in a safe place outside the home, such as with a trusted person or in a locked space they cannot access.
- Rename or hide files: use neutral file names (for example, “receipts-2024”) instead of labels like “abuse evidence.”
- Backups: keep more than one copy in different secure spots in case a phone is taken or destroyed.
How Evidence Might Be Used in Protection Orders
Across Canada, courts can look at different kinds of information when deciding on protection orders (sometimes called restraining orders, emergency protection orders, or peace bonds, depending on the province or territory).
- Patterns over time: repeated threats, monitoring, or control, even if there are no recent injuries.
- Messages and threats: texts, emails, voicemails, or social media posts.
- Police or incident records: occurrence numbers, police notes, or previous calls for help.
- Witness information: what neighbours, family, coworkers, or support workers have seen or heard.
Evidence may be shown through written applications, affidavits, or spoken testimony. The exact process and what is required can differ by province or territory.
How Evidence Might Be Used in Parenting and Custody Cases
When courts look at parenting time and decision‑making responsibility, they usually focus on the child’s best interests. Evidence about risk or harm can be part of that picture.
- Documentation of safety concerns: threats, intimidation, or behaviour that affects a child’s sense of security.
- Impact on parenting: missed visits, unpredictable behaviour, or substance use that affects caregiving.
- Professional records: school notes, doctor notes, or reports that show changes in a child’s behaviour or stress.
- Existing orders and reports: past protection orders, criminal conditions, or child protection involvement.
The weight given to each type of evidence depends on local law and the judge. Some provinces and territories also have specific screening tools for family violence in family court.
How Evidence Might Be Used in Criminal Cases
In criminal cases, police and Crown prosecutors decide what evidence to collect and use, and whether charges proceed. Survivors do not control those decisions.
- Digital records: texts, emails, call logs, and social media posts can sometimes support criminal charges.
- Photos and physical evidence: photos of injuries or damage, damaged property, and objects related to an incident.
- Statements and reports: your statement, witness statements, and any medical or police reports.
- Pattern information: even if one event led to charges, earlier events may help show ongoing risk.
Important Warning About Recording
Recording conversations, calls, or videos can feel like a way to “prove” what is happening, but it can also create risk.
- Safety risk: if the person causing harm discovers recordings, the situation may become more dangerous.
- Legal limits: Canadian criminal law and privacy rules about recording and sharing recordings are complex. In some situations, recordings may be legal to make but complicated or limited to use in court.
- Criminal exposure: certain types of recordings or how they are shared can, in some conditions, lead to criminal or civil problems for the person who made them.
- Court usefulness: recordings are not always accepted or given the weight survivors expect, even if they are allowed.
Because of these risks, many people focus on safer forms of evidence, such as written timelines, screenshots of messages, and records held by third parties.