Evidence in Vermont Domestic Violence Cases
How survivors can collect and use evidence in Vermont legal matters.
Using Digital Evidence Safely in Relationship Harm Situations
What “Evidence” Can Look Like
Evidence is any information that may help show a pattern of behaviour or a specific incident. It does not have to be perfect or complete. It may include:
- Messages and calls – text messages, emails, call logs, voicemail timestamps
- App messages – messages from WhatsApp, Signal, social media, or gaming apps
- Photos or screenshots – of injuries, damaged items, or threatening messages
- Written notes – a dated journal describing what happened, what was said, and who was present
- Financial records – bank statements, e‑transfer records, receipts that show money control or unusual spending
- Location records – copies of travel records, GPS or rideshare history, if it is safe to keep them
- Third‑party information – messages from friends, family, co‑workers, neighbours, or teachers about what they saw or heard
- Official documents – incident numbers, police occurrence reports, medical discharge papers, shelter or support letters
Evidence does not need to be shared right away. In many situations, staying physically safer in the moment is more important than collecting proof.
Digital Safety When Collecting Evidence
Digital evidence can be useful, but it can also increase risk if the person causing harm has access to your devices or accounts. Consider:
- Who can see your devices – whether your phone, tablet, or computer is shared, borrowed, or regularly checked by someone else
- Account access – whether the other person knows your passwords, PINs, email log‑ins, or device unlock codes
- Notifications – whether message previews or backup alerts could expose what you are saving or who you are talking to
- Cloud backups – whether photos, screenshots, and notes are automatically uploaded to a shared or accessible cloud account
Lower‑Risk Ways to Store Evidence
Depending on your situation, some of these options may reduce risk:
- Use a trusted person’s device or email account (with their consent) to store copies of screenshots or notes.
- Send evidence to a separate email account that the other person does not know about, and log out after sending.
- Store written notes on paper in a place that is less likely to be searched, such as a workplace locker or with a trusted friend.
- Turn off message previews on your lock screen if it is safe to change settings without raising concern.
- Avoid changing passwords suddenly if this may cause the person to react or increase monitoring.
If someone has installed tracking or monitoring software on your device, using that device to look for help or store evidence may be unsafe. A device outside the home, such as a library or community computer, may be safer for some tasks.
How Evidence May Be Used in Different Types of Cases
Across Canada, digital information and written notes are sometimes considered in family and criminal proceedings. What is accepted, and how much weight it is given, depends on the laws and rules in your province or territory and the specific decision‑maker.
Protection / Restraining Order (Such as RFA or Similar Orders)
In many regions, people can ask a court for a peace bond, protection order, restraining order, or similar order. Different provinces and territories use different names and processes.
Digital evidence may sometimes help show:
- Threatening or harassing messages
- Repeated unwanted contact
- Breaches of a previous court order
- Patterns of monitoring, following, or intimidation
Examples of what people sometimes bring to lawyers or duty counsel when asking about these orders include:
- Printed or saved copies of texts, emails, and app messages
- A brief written timeline with dates and key events
- Photos of visible injuries or damaged property, if available
The name, steps, and requirements for protection orders vary across provinces and territories. Local legal information services or duty counsel can explain options in your area.
Parenting, Custody, and Access Decisions
In parenting and custody‑related matters, the main focus is usually the child’s best interests and safety. Evidence about relationship harm may be considered alongside many other factors.
People sometimes collect and share, where it is safe to do so:
- Messages about parenting exchanges, missed visits, or last‑minute changes
- Evidence of refusal to return a child at agreed times or places
- Information about exposure of children to conflict, threats, or substance use
- Records of police wellness checks or child protection involvement
Courts or decision‑makers may look at patterns over time rather than only one message or event.
Criminal Investigations and Charges
Police and Crown prosecutors decide how to investigate and whether to pursue criminal charges. Digital evidence may be one part of what they look at.
In criminal files, digital material may sometimes include:
- Threatening or harassing texts, emails, or voicemails
- Photos of injuries or damaged items taken as close in time to the incident as possible
- Call logs or message histories showing repeated contact or breaches of release conditions
- Social media posts that show threats, stalking, or public shaming
If you choose to contact police, they may ask to see your phone or other devices. You can ask what they plan to do with the device and whether you will get it back quickly, especially if you rely on it for daily safety.
Important Reminder About Recording Laws in Canada
Canada has “one‑party consent” rules for recording private conversations. This usually means that if you are part of the conversation, you are generally allowed to record it without telling the other person. However, laws can be interpreted differently, and there may be exceptions in certain situations.
Key points to keep in mind:
- If you are not part of the conversation, secretly recording two other people may break criminal or privacy laws.
- Even if a recording is legal, a court or tribunal may still limit how it can be used or whether it is accepted as evidence.
- Secretly recording someone can increase risk if they discover the recording or your plan to record.
- Workplaces, schools, and service providers may have their own policies about recording.
This information is not legal advice. If it is safe, you can ask a legal clinic, duty counsel, or lawyer in your province or territory how recording rules apply to your situation.
Balancing Safety and Evidence
It is common to feel pressure to “prove” what has been happening. Your immediate safety and the safety of any children or dependants is still the priority over collecting evidence.
Some people choose to:
- Write neutral, factual notes (who, what, when, where) without including detailed emotional descriptions
- Save only key screenshots that show threats, admissions, or clear patterns
- Ask a trusted person to keep copies of important documents or messages
- Speak with a legal information service or advocate before sharing large amounts of digital information
Additional support options across Canada, including legal information and safety planning services, can be found through resources listed at DV.Support.