Evidence in Utah Domestic Violence Cases
How Utah survivors can gather and store documentation safely.
Collecting and Storing Relationship Harm Evidence Safely
1. Common Types of Evidence
Evidence can look different for each situation. It is okay if you do not have many items, or any at all. Safety is more important than evidence.
- Messages and emails – text messages, social media messages, emails, messaging app chats, call logs.
- Screenshots and photos of messages – in case messages are deleted or accounts are closed.
- Photos of injuries or damage – for example, bruises, broken items, holes in walls. Include the date if it feels safe to do so.
- Notes or a dated log – brief notes about what happened, where, and who saw or heard it. This can be handwritten or digital.
- Medical or health visit records – hospital or clinic discharge papers, pharmacy printouts, or visit summaries.
- Work or school records – attendance notes, incident reports, performance notes related to the situation.
- Police or incident reports – occurrence numbers, officer names, or copies of reports when available.
- Witness information – names and contact details of people who may have seen or heard incidents, if they agree to be listed.
- Financial records – bank statements, credit card records, screenshots of online banking, bills, and major purchases.
- Property and identity documents – leases, mortgage papers, car ownership, passports, PR cards, work permits, or visas.
2. Safer Ways to Store Evidence
Any evidence plan should be balanced with your safety and privacy. If collecting or hiding evidence increases your risk, it may be safer not to keep it.
2.1 Digital Storage Ideas
- Email to a trusted address – send copies of photos, screenshots, or notes to an email account the other person cannot access.
- Cloud storage under another login – use a secure account with a strong password and two-step verification, if safe.
- USB drive or memory card – store files on a small device kept outside the home or somewhere the other person does not check.
- Secure note apps or password managers – some apps can lock notes with a code or password. Use only if it would not be noticed.
- Hidden folders with neutral names – if you must store items on a shared device, consider calm, non-obvious file names and folders.
2.2 Physical Storage Ideas
- Outside the shared home – with a trusted person, in a locker, at work (if safe), or in another secure location.
- Sealed envelopes – keep printed screenshots, notes, or photos in dated, sealed envelopes stored off-site.
- Duplicate sets – if it is safe, keep copies in two different locations in case one set is lost or destroyed.
- Neutral containers – place items in something ordinary (for example, a folder labelled “tax papers”) if there is a risk of searching.
3. How Evidence May Be Used in Legal Processes
Legal processes in Canada can vary by province, territory, and by case. The information below is general and not legal advice. A legal clinic or duty counsel can explain local rules.
3.1 Protection Orders and Restraining Orders
In many regions, evidence can help show why you are asking for a court order for safety, such as a protection or restraining order. Useful items may include:
- Copies of threatening or harassing messages.
- Notes or logs showing a pattern of controlling or frightening behaviour.
- Photos of property damage or injuries, if any exist.
- Records of past police calls, even if no charges were laid.
- Witness letters or statements, when people feel safe to provide them.
The court may focus on current risk and patterns over time, not just one incident.
3.2 Parenting, Custody, and Access Matters
In family court, decision-makers often look at the best interests and safety of any children involved. Evidence that may be considered includes:
- Logs of incidents that affected parenting, such as missed exchanges or unsafe driving with children.
- Any court orders, police records, or child protection involvement.
- Communications about parenting that show patterns (for example, repeated last-minute cancellations or threats to keep children).
- School or daycare records that show attendance changes or safety concerns.
- Financial records related to child support or shared expenses.
In some cases, relationship harm toward an adult can still be relevant to parenting decisions, especially where child safety or exposure is involved.
3.3 Criminal Investigations and Charges
If police are involved or charges are being considered, they may look for different types of evidence, such as:
- Photos of injuries or property damage taken soon after an incident.
- Medical or hospital records linked to any reported assault or harm.
- Text messages, social media posts, or voicemails containing threats or admissions.
- Call logs showing repeated or unwanted contact.
- Names and contact details of witnesses.
Police and Crown prosecutors decide what evidence can be used. Some items you collect may not be used in court, but can still help them understand what has been happening over time.
4. Caution About Recording Conversations
Secretly recording conversations can be risky, both for safety and legally.
4.1 Legal Considerations
- Laws about recording can be complex and may differ depending on who is part of the conversation, where it happens, and how the recording is used.
- In some situations, recordings may not be allowed in court or may create legal problems for the person who made them.
- Immigration, employment, or professional licensing can also be affected by how evidence is collected.
Before making recordings, it may be safer to speak with a legal clinic, duty counsel, or another legal information service in your province or territory.
4.2 Safety and Practical Concerns
- If the person discovers that phone calls or conversations are being recorded, this can increase risk of harm, monitoring, or property damage.
- Phones and devices can be checked, taken, or broken. Hidden recording apps or devices may be found.
- Even if a recording is legally allowed, it might not be as helpful as clear notes, screenshots, or messages.
5. Balancing Safety, Privacy, and Support
You decide whether collecting evidence feels safe and manageable. It is also okay to change your approach over time.
- Consider how the other person reacts when they feel watched, questioned, or challenged.
- Think about who, if anyone, can safely store copies for you outside the home.
- Plan for what you would do if your phone, email, or storage was suddenly checked.
- Use calm, neutral language in notes (for example, “March 3 – 8:15 p.m., loud yelling in kitchen, child present”).
Some people find it helpful to speak with a local relationship-violence or community support worker about safer ways to document patterns. Additional support options across Canada can be found through resources listed at DV.Support.