Evidence in Tennessee Domestic Violence Cases
How to collect and store documentation safely for Tennessee legal matters.
Practical Examples of Evidence and Safe Storage
Common Types of Evidence
Photos and Screenshots
Photos can help show injuries, damaged property, or the condition of a home or vehicle. Screenshots can capture text messages, social media posts, emails, and call histories.
- Take clear photos where dates and details are visible if possible.
- Include wider shots as well as close‑ups (for example, a full room plus a close‑up of damage).
- Screenshot the whole conversation, not just a single message, so the context is clearer.
Messages and Online Communication
Messages can include texts, emails, messaging apps, and social media direct messages or comments.
- Keep threatening, controlling, or harassing messages, even if they feel repetitive.
- Save voicemail and call logs that show repeated calls or blocked‑number calls.
- Try not to edit, crop, or forward messages in ways that could later raise questions about accuracy.
Personal Logs or Journals
Personal notes can help show what has happened over time and can support your memory later.
- Write the date, approximate time, what happened, and any witnesses.
- Note any impacts on sleep, work, children, or daily life in simple terms.
- Use neutral language (for example, “said,” “did,” “I felt afraid”) rather than guessing about motives.
Police and Agency Reports
When police or another service is involved, they may create reports or reference numbers.
- Keep any incident numbers, card details, or printouts you receive.
- Note the date, time, and location when police were called, even if no charges were laid.
- If you speak with shelters, victim services, or a medical provider, note dates and what the visit was about.
Evidence does not need to be perfect or complete to be useful. Small pieces collected over time can still help show a pattern.
Storing Evidence More Safely
Digital Storage Options
Where you store evidence can affect your safety, especially if the other person has access to your devices or accounts.
- Use a trusted friend’s device or email to store copies, if that feels safe for both of you.
- Create a new email account with a strong password that is not shared and is not used for anything else.
- Consider cloud storage services that do not automatically appear on your main device (and do not auto‑sign‑in).
- Rename files in a neutral way (for example, “notes-2024-03-02” instead of “evidence-against… ”).
Device and Account Caution
If the other person knows your passwords or has access to your phone or computer, they may see or delete evidence.
- Turn off automatic backups to shared family accounts if that might expose your files.
- Check whether your photos or messages are syncing to shared tablets, computers, or smart TVs.
- Be careful deleting things from a shared device; sudden changes can sometimes raise suspicion.
Digital safety can be complex. If it is safe to do so, you can learn more in general digital safety guides or by asking a local support worker to review your device settings with you.
Physical Storage
For paper copies, photos, or journals, consider where they are kept.
- Store copies at a trusted friend’s or family member’s home, if this is safe for them.
- Consider a locked drawer at work, a safety deposit box, or another location the other person does not access.
- If you keep a journal, a plain notebook or digital document with a neutral name may draw less attention.
How Evidence May Be Used in Different Kinds of Cases
Evidence can be looked at differently depending on the type of case. Processes and rules vary across provinces and territories, and outcomes can never be guaranteed.
Protection Orders (Restraining or Peace Bonds)
Evidence may be used to show why you are asking for conditions that limit contact or require distance.
- Text messages and call logs can help show threats, harassment, or unwanted contact.
- Photos can help show damage to property or visible injuries.
- Logs or journals can help show a pattern over time, not just a single event.
- Police occurrences or incident numbers may support your explanation of risk.
Family Court and Parenting/Custody Matters
In family and parenting cases, the focus is on the best interests and safety of children.
- Messages may show how communication happens around the children (for example, threats, refusal to share information, or cooperation).
- Logs may show missed visits, late pickups, or behaviour that affects children’s routines and safety.
- Reports from schools, doctors, or child‑focused services may be considered to understand the children’s needs.
Family courts in Canada may weigh evidence differently depending on the region and the details of the case. A legal clinic or duty counsel service may explain how this usually works where you live.
Criminal Investigations and Trials
In criminal cases, police and Crown prosecutors decide what evidence to collect and how to use it. Your information may help them understand what happened, but they control the case.
- Police can review messages, call logs, and photos you share with them and may create certified copies.
- Your personal log or journal can help you remember dates and details when speaking with police or in court.
- Police reports, medical notes, and witness statements may be gathered and compared with what you provide.
Sharing information with police does not guarantee that charges will be laid, that a case will go to trial, or that there will be a conviction. These decisions are made by police and prosecutors based on the law where you live.
Important Caution About Recording Laws in Canada
Recording Conversations
Recording laws in Canada can be complex. There are differences between recording a conversation you are part of and recording others without their knowledge, and there may also be privacy laws that apply in workplaces or shared spaces.
- Courts do not always accept secret recordings as evidence, even if they are legally made.
- In some situations, recording another person could increase risk if it is discovered.
- Sharing recordings online or with others can create additional legal or safety issues.
Before making or using recordings, it may help to speak with a local legal clinic, legal aid office, or duty counsel to understand how recording laws and evidence rules work in your province or territory. This information is general and not legal advice.
Getting Further Support
If it feels safe, you might wish to talk with a legal clinic, duty counsel, victim services, or a community‑based support worker about how to safely collect and store information. Additional support options across Canada can be found through resources listed at DV.Support.