legal

Evidence in Virginia Domestic Violence Cases

How to organize documentation safely for Virginia's legal system.

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LEGAL & SAFETY

Keeping Evidence Safely in Canada

What “Evidence” Can Look Like

Evidence is any information that may help show a pattern of behaviour, threats, or harm. It does not have to be perfect to be useful. Common examples include:

Messages and emails – texts, emails, messaging app chats, social media messages, voicemail transcripts
Call logs and voicemail – call history, saved voicemails, screenshots of frequent calls
Photos and videos – images of damage to property, injuries, or written notes (only if it is safe to take and store them)
Social media content – posts, comments, tags, or direct messages showing harassment, threats, or control
Written notes – a simple log of dates, times, what happened, and who was present
Documents – copies of police reports, medical visit summaries, school reports, or shelter intake notes (if available)
Witness information – names and contact details of people who saw or heard incidents

Keeping evidence is optional. Personal safety comes first. If collecting or storing evidence could increase risk, it may be safer not to do it or to store it away from devices that may be checked.

Safer Ways to Keep Digital Backups

Some people choose to keep copies of information in case a device is lost, taken, or damaged. Options can include:

Emailing copies to a trusted person – screenshots, photos, or documents sent to someone whose account is not accessible to the person causing harm
Cloud storage with a private account – secure apps or cloud services protected by a strong password and, where possible, two-factor authentication
External storage – a USB key, memory card, or external drive kept in a safe place outside the home if that is possible
Printed copies – printed screenshots or notes stored in a safe location such as with a trusted person

If the person causing harm regularly checks your phone or computer, opening new accounts or changing passwords may increase suspicion. Consider using a device they cannot access, such as a library computer, community centre computer, or a trusted person’s device, when it is safe to do so.

How Evidence Might Be Used in Different Types of Cases

In Canada, evidence may be looked at differently depending on the type of case and the province or territory. Courts and police decide what they will accept. The following is general information only.

Protection Orders and Family Court

For peace bonds, restraining orders, or family court protection orders, people sometimes provide:

Printouts or screenshots of threatening or harassing messages
Call logs showing repeated contact or breaches of conditions
A brief timeline of incidents with dates and descriptions
Photos of property damage or injuries (if available)
Information about past police calls or reports

In family court matters like decision-making responsibility, parenting time, or custody and access, evidence may be used to show patterns of behaviour that affect safety and the best interests of the child. The court decides what is relevant.

Family and protection order processes vary across provinces and territories. A legal clinic, duty counsel, or family law information centre can explain how evidence is typically handled in your local court, but they cannot guarantee outcomes.

Criminal Investigations and Charges

For criminal matters (such as threats, assaults, harassment, or breaches of conditions), police and Crown prosecutors decide what evidence they can use. They may consider:

Saved messages, social media posts, or emails showing threats or ongoing contact
Photos, videos, or audio the police obtain or that are turned over to them
Statements from you and other witnesses
Phone and location data, if lawfully obtained

Police and the Crown choose what to investigate, what charges to lay, and what to present in court. Keeping information does not guarantee that charges will be laid or that it will be used.

Additional support options across Canada, including information for people thinking about contacting police or court services, can be found through resources listed at DV.Support.

Important Warning About Recording Laws in Canada

Recording laws are complex, and they can vary by situation. There are different rules for:

Recording phone calls
Recording in-person conversations
Recording in private spaces (like a home or washroom)
Secretly installing cameras or recording devices

In Canada, criminal law is federal, but privacy and family law issues can also be affected by provincial or territorial rules. What may be allowed for criminal evidence might still be viewed differently in family court, or could have other consequences. Secret recordings can also increase risk if they are discovered.

Before recording conversations, calls, or video, consider speaking with a legal clinic or lawyer in your province or territory if it is safe to do so. They can explain possible risks and limits of using recordings in your situation. If getting legal advice is not possible, it may be safer to focus on other forms of documentation, such as written notes and saved messages.

Practical Tips for Safer Evidence Storage

Give files simple, neutral names that do not stand out if your device is checked.
Consider using a notes app or paper notebook for a brief incident log with dates and times.
Store important documents (court papers, reports, orders) in a folder that can be moved quickly if needed.
Ask a trusted person if they can hold copies of documents or a USB drive in case your own access is interrupted.

If at any point collecting or keeping evidence feels unsafe, it is reasonable to pause or stop. Your safety in the moment is more important than keeping records.