Evidence in South Dakota Domestic Violence Cases
How SD survivors can gather and organize documentation for domestic violence cases.
Gathering and Storing Evidence Safely in Canada
1. Types of Evidence You Might Collect
Evidence can help show a pattern of harm or control. What is useful can depend on the province or territory and the type of process (police report, protection order, family court, or immigration). The examples below are general, not legal advice.
Written and Digital Records
- Text messages, emails, social media messages, and app chats
- Call logs and screenshots of missed or repeated calls
- Notes or a journal describing incidents, dates, times, and any witnesses
- Screenshots of threats, harassment, or monitoring (including online)
Photos and Other Images
- Photos of damage to property (broken items, holes in walls, torn clothing)
- Photos of injuries or marks, taken as safely and privately as possible
- Photos of weapons that were present or mentioned (only if safe to do so)
Documents and Records From Others
- Medical visit summaries or discharge papers that mention injuries
- Work or school records that note absences or concerns
- Printed copies of past police occurrence numbers or incident cards
- Letters or notes from shelters or community agencies describing contact dates
Witness Information
- Names and contact details for people who may have seen or heard incidents
- People who may have seen messages, injuries, or changes in behaviour
Different courts and decision‑makers in Canada may value some types of evidence more than others. A legal clinic or duty counsel in your province or territory can explain what is usually accepted where you live.
2. Safer Ways to Store Evidence
Evidence collection is optional and should never come before immediate safety. If gathering or keeping it could trigger more harm, it may not be worth the risk.
General Safety Considerations
- Consider whether the person who is causing harm regularly checks your phone, email, or physical space.
- Think about what would happen if they noticed new photos, documents, or messages.
- Where possible, keep evidence where that person cannot easily access it.
Digital Storage Options
- Separate device: If possible, use a different phone, tablet, or computer that the person does not use or monitor.
- Secure cloud storage: Use a cloud account with a password and recovery email or phone number the other person does not know. Log out after use.
- Email to a trusted contact: Send copies of screenshots or notes to a trusted person’s email, if this would not put them at risk.
- Hidden folders: Some devices allow hidden or locked folders; be cautious, as discovery could increase risk.
Physical Storage Options
- Keep printed documents, photos, and journals with a trusted person outside the home.
- Use a safe deposit box or locked drawer away from any shared residence, if possible.
- If you must keep items at home, store them in a place that is routine and unnoticeable, not newly created “hiding spots.”
Consider whether deleting messages or photos from your device could look unusual. Sometimes leaving a normal pattern of messages or photos is safer than suddenly clearing everything.
3. How Evidence May Be Used in Different Processes
Processes and rules are not the same across Canada. The points below are general and do not replace legal advice.
Protection Orders (Restraining Orders / Peace Bonds)
When asking a court for a protection order, you may be asked to describe why you are afraid and what has happened before. Evidence that can help show a pattern may include:
- Saved threats or controlling messages
- Photos of injuries or damaged property
- Police occurrence numbers, if any calls were made
- Notes with dates and brief descriptions of incidents
The court usually focuses on your safety and risk of future harm. You may be asked to provide sworn statements or testify about what you have recorded.
Family Court and Parenting / Custody Matters
In parenting and custody decisions, courts generally focus on the best interests of the child. Evidence of relationship harm may be used to show:
- Exposure of children to conflict or violence
- Patterns of intimidation, control, or threats
- Concerns about safe exchanges or communication
Messages, witness information, and records from schools or counsellors (where appropriate and lawful) can sometimes help show patterns that affect children’s safety and well‑being.
Criminal Investigations and Charges
If police are involved, evidence you have collected may assist them in deciding whether to lay charges and how to investigate. This could include:
- Screenshots of threats, harassment, or violations of bail or release conditions
- Photos of injuries or damaged property
- Names of possible witnesses
Police may collect their own evidence (photos, recorded statements, 911 calls). Crown prosecutors decide what evidence to use in court. They may or may not rely on everything you have gathered.
If you are unsure how evidence might affect immigration status, family court, or criminal court, consider speaking with a legal clinic or community legal service familiar with your situation before sharing everything you have collected.
4. Caution Around Recording Calls, Videos, and Conversations
Recording another person can create safety, privacy, and legal issues. Laws about recording can differ between provinces and territories, especially when it comes to private conversations and how recordings can be used in court.
Consent and Privacy Concerns
- In some situations, recordings made without clear consent may not be allowed in court, or may cause other legal concerns.
- Secretly recording can increase danger if the other person discovers it.
- Some workplaces, service providers, or institutions have their own rules about recording.
If You Are Considering Recording
- Weigh the possible safety risks if the recording is found.
- Consider whether other types of evidence (texts, emails, notes) may be safer to collect.
- Before relying on recordings, seek information from a legal clinic or duty counsel in your province or territory about how these are usually treated.
Because recording and privacy laws are complex in Canada, it can be safer to get brief legal information before secretly recording any person, especially in family or criminal matters.
5. Getting Information and Support
You can ask a local community legal clinic, duty counsel, or an advocate at a shelter or support agency about safer ways to document harm in your area. Additional support options across Canada can be found through resources listed at DV.Support.