Evidence in South Carolina Domestic Violence Cases
How survivors can safely collect and store evidence for South Carolina legal proceedings.
Documenting Abuse Safely in Canada
Common Types of Evidence
Evidence can help show a pattern of harm or threats, but safety comes first. If collecting anything increases risk, it may be safer not to keep it.
- Messages and emails – texts, emails, social media messages, chat apps (screenshots or exports).
- Call logs – records of missed calls, repeated calls, blocked number attempts.
- Photos – property damage, injuries, screenshots of online behaviour, or items used to threaten.
- Written notes – a dated log of what happened, what was said, and who was present.
- Third‑party records – school notices, workplace reports, shelter notes, or other service records (where available).
- Financial records – bank statements, pay stubs, receipts that show control over money, withheld funds, or sudden debts.
- Medical and support records – discharge summaries, visit dates, or non-detailed notes from health or community services.
- Devices and tech activity – logs of account access, device tracking, or changes to passwords if this can be captured safely.
Try to record dates, times, locations, and any witnesses. Short, factual notes (“what happened,” not “how it felt”) are often easier to use later.
Safer Ways to Store Digital Backups
Abusive partners sometimes monitor phones, computers, or cloud accounts. Think carefully about what you store and where.
Lower‑Risk Storage Options
- Trusted email account – email screenshots or notes to an account the abusive person does not know about and cannot access.
- External USB drive – store files on a small drive kept outside the home if that is safe (for example with someone you trust).
- Secure cloud storage – use strong, unique passwords and two‑factor authentication, and avoid saving the password on shared devices.
- Trusted person’s device – where safe, ask someone you trust to store copies of important screenshots or documents.
Reducing Digital Trails
- Rename files in a neutral way (for example, “notes-2025-03-01” instead of “abuse-proof”).
- Avoid obvious folders or apps that could raise suspicion.
- Regularly clear downloads, “recent files,” and photo galleries if that will not create more danger.
- Consider using a different device that the abusive person does not control when possible.
For more ideas on limiting tracking and monitoring, see digital safety guidance such as /digital-safety.html where available.
How Evidence Might Be Used
Laws and court practices differ between provinces and territories. The following is general information only, not legal advice.
Peace Bonds, Protection Orders, and Restraining Orders
- Courts may look at messages, photos, call logs, and notes that show threats, stalking, or fear for safety.
- Evidence that shows a pattern over time (not just one event) can sometimes be helpful.
- Copies of police reports or previous incidents, if any, may also be relevant.
Custody, Parenting, and Family Court
- Courts focus on the best interests and safety of any children.
- Records of missed pickups, unsafe behaviour around children, or threats involving children may be considered.
- Information from schools, doctors, or community services may play a role, depending on local rules.
Criminal Investigations and Charges
- Police and Crown prosecutors may use messages, call logs, photos, and other records when assessing possible charges.
- They may also look for patterns of threats, harassment, or breaches of existing orders.
- Not all evidence you collect will be used, and rules about what a court can consider are complex.
If you are thinking about sharing evidence with police or a lawyer, you can ask them how they might use it and what could happen with your information.
Important Reminder About Recording Laws
Recording laws in Canada can be different from what you may have experienced in other countries.
- Canada is generally a “one‑party consent” country for audio recordings. This usually means that at least one person in the conversation needs to know and agree to the recording.
- If you are part of the conversation, you are often allowed to record it without telling the other person. There are exceptions, especially when it comes to sharing or publishing recordings.
- Secretly recording conversations that you are not part of can raise legal issues.
- Video recording, smart‑home devices, and workplace or shared‑space recordings can involve additional rules.
If you are unsure about recording, consider speaking with a legal clinic or duty counsel in your province or territory for guidance before you start. This information is general and may not apply to every situation.
Some people find it helpful to review national‑level support listings, like those linked at https://www.dv.support, to learn about services that may offer legal information, safety planning, or referrals in their region.