legal

Evidence in Washington Domestic Violence Cases

How survivors can safely organize documentation for Washington DV-related cases.

Washingtonevidence

SAFETY PLANNING

Keeping Evidence of Relationship Harm Safely

Types of Evidence You Might Collect

Evidence can help show a pattern of harm or control. Not every situation needs all of these. Choose what feels safest and possible for you.

Messages and online communication – texts, emails, social media messages, call logs, voicemail transcripts.
Written notes – dates, times, what happened, who was there, where it happened, how you felt at the time.
Photos of surroundings – property damage, messed rooms, broken items, but only if safely possible.
Financial information – bank statements, pay stubs, screenshots of transfers or blocked access to money.
Control or monitoring examples – screenshots of tracking apps, location-sharing screens, excessive messages.
Witness details – names and contact information of people who may have seen or heard incidents (neighbours, friends, coworkers).
Medical and service records – visit dates to clinics, hospitals, counselling services, settlement services, or shelters.

Evidence does not have to be perfect or complete. Even small details, written soon after something happens, can sometimes be helpful later.

Storing Evidence Safely

Safety comes before saving any evidence. If keeping evidence increases your risk, it may not be worth it. Consider:

Who has access – whether the person checks your phone, email, cloud backups, mail, or bags.
Tech access – whether they know your passwords, have your device passcode, or can access shared cloud accounts.
Time and privacy – when you can safely write notes, save screenshots, or send items elsewhere.

Ideas for Safer Digital Storage

Separate email account – create a new email with a strong password, not saved on your device, and email evidence to it.
Cloud storage you control – use a personal cloud account not shared with the person, and log out after use.
Trusted contact – with their agreement, send screenshots or notes to a trusted person to keep for you.
Hidden folders or apps – only if you are sure the person does not regularly search your phone.

If the person regularly checks or controls your devices, it may be safer not to keep any evidence on those devices. You might choose to rely on services (for example, shelters or legal clinics) that create their own records when you speak with them.

Ideas for Safer Physical Storage

Outside the home – leave documents, copies, or a notebook with a trusted person, if that feels safe.
Workplace or locker – if allowed and private, keep copies in a secure drawer or locker.
Neutral binder or notebook – store notes mixed with everyday papers (for example, school or work material).
Photos instead of originals – photograph documents and store the originals somewhere the person cannot access.

If you are unsure how to balance safety and record-keeping, some community agencies can talk about safer options. National and local contacts are listed at https://www.dv.support.

Using Evidence in Different Types of Cases

How evidence is used can vary by province or territory, by court, and by the type of legal process. The following is general information only and not legal advice.

Protection Orders (Including DVPO-Type Orders)

In many regions, there are civil protection orders (sometimes connected to domestic or family violence laws). Evidence for these may include:

Written timelines of incidents and threats.
Messages showing threats, harassment, or ongoing contact you did not want.
Photos of property damage or injuries (if safely taken).
Records from shelters, settlement workers, or community agencies showing you sought help.
Police report numbers, if any were made.

Courts often look at patterns over time, not only one incident. Notes made close to the date of an event may support your memory later.

Each province and territory has its own laws and processes for protection orders. Local legal clinics or duty counsel can explain what is most useful in your area.

Parenting, Custody, and Access Matters

In family court, the main focus is usually the child’s best interests. Evidence that may be considered can include:

Examples of how conflict or harm affected the children’s routines, school, or health.
Messages about parenting time, missed pickups, or unsafe exchanges.
Information about controlling behaviour related to children (for example, using them to pass messages or threaten to withhold them).
Reports or letters from schools, doctors, or community supports that describe concerns about safety or wellbeing.

Sometimes courts look for patterns of exposure to conflict or violence, not only direct harm to a child. Calm, factual notes can help you recall details when explaining your concerns.

Criminal Matters

If police are involved, they may collect and control much of the evidence. Things that may be relevant can include:

Threatening or harassing messages, emails, and call logs.
Photos of visible injuries taken as soon as safely possible, and again as they change over time.
Names and contact details of people who might have heard or seen incidents.
Medical discharge summaries or visit dates, if you choose to share them.

Police and prosecutors decide what evidence to use in a criminal case. If you have questions, you can ask a victim services worker or legal clinic about what may happen with your information before sharing it.

Important Warning About Recording

Recording conversations, calls, or video without the other person knowing can be risky in several ways:

Legal rules – recording and using recordings in court is treated differently across Canada. Some recordings may not be allowed or may create other legal issues.
Safety risks – if the person discovers you are recording, it may increase tension or danger.
Device searches – if they regularly check your phone or computer, hidden recordings may be found.

Before making any recording, it may be safer to:

Speak with a legal clinic, duty counsel, or community legal worker for information about your area.
Consider whether there are other ways to keep records (for example, written notes) that feel safer.
Think about what might happen if the person finds out about the recording.

Written notes (date, time, place, what was said or done) can often be a safer way to keep track of events than secret recordings. If writing in one place is unsafe, consider saving brief notes in a calendar or sending them to a trusted contact.