Evidence in West Virginia Domestic Violence Cases
How survivors can safely collect and store documentation in WV.
Understanding Evidence and Digital Safety
What “Evidence” Can Look Like
Evidence is any information that may help show a pattern of harm, threats, or control. It does not need to be perfect or complete to be useful.
- Text messages, emails, social media messages, and call logs
- Photos of injuries, damaged property, or threatening notes
- Screenshots of online harassment or stalking behaviour
- Journal or calendar notes about what happened and when
- Medical or support-service notes (where available)
- Voicemails or saved threatening messages
- Police occurrence numbers or incident reports, if they exist
Evidence rules can differ by province or territory and by type of court. A judge or lawyer decides what can be considered in a specific case.
Digital Safety When Collecting or Storing Evidence
Digital devices can be monitored, tracked, or checked without you knowing. Before saving or collecting anything, consider how the other person usually reacts when worried, suspicious, or angry.
- Only collect or save evidence in ways that do not increase your risk if the other person finds it.
- Where possible, back up copies to a safer place (for example, a trusted person’s device, secure cloud account you control, or printed copies stored outside the home).
- Use passwords or screen locks that are not easily guessed if it is safe to do so.
- Log out of accounts on shared devices and avoid saving passwords on them.
- Be cautious with shared phone plans, family accounts, or shared email addresses.
If it is not safe to keep evidence on your own device, you might consider sending copies to a trusted person or printing and storing them somewhere outside the home.
How Evidence May Be Used in Different Types of Cases
Evidence can be considered in several types of legal processes. What is allowed, and how much it matters, depends on local laws, rules of evidence, and the judge in the case.
Protection Orders (sometimes called restraining or peace bonds)
When someone applies for a protection order, a court may look at different types of information to understand risk and patterns of harm or threats, such as:
- Recent threatening messages or attempts to contact after being asked to stop
- Incidents of physical harm, intimidation, or property damage
- Police call history, if any
- Any past court orders or criminal charges
The focus is often on whether there are reasonable safety concerns and what conditions might help reduce risk.
Family and Custody-Related Cases
In family court, evidence can sometimes be used when decisions about parenting time and decision-making responsibilities are being considered.
- Messages or behaviour that may show patterns of control, threats, or interference with parenting time
- Information about how conflict affects children’s safety and well-being
- Records of missed exchanges, unsafe exchanges, or breaches of existing orders
The court’s main focus is usually the best interests and safety of children. Exact rules and what matters most vary between provinces and territories.
Criminal Cases
In criminal cases, police and Crown prosecutors decide what evidence is used and how. People who experience harm may be asked about:
- Messages, emails, call logs, photos, and any physical evidence
- Contact information for possible witnesses
- Past reports or incidents, if there is a pattern
Phones and devices may sometimes be taken and searched under specific legal processes. What can be used at trial is decided by the judge according to criminal evidence rules.
Keeping evidence does not mean you have to start a court case. Some people keep information in case they choose to involve police or lawyers later.
Important Cautions About Recording
Recording another person (audio or video) can create safety and legal risks, depending on where you live and the situation.
- Recording can increase danger if the other person discovers it.
- In some situations, recordings may not be allowed as evidence or may be viewed negatively by the court.
- Laws about recording private conversations and sharing recordings differ across Canada.
If you are considering recording:
- Think carefully about whether the person is likely to search your phone or belongings.
- Consider whether notes written soon after an incident might be a safer option.
- If it is safe, you may choose to ask a legal clinic or duty counsel in your province or territory about how recordings are usually treated in local courts.
In Canada, recording laws and evidence rules are complex. For information, you can contact a local legal clinic or public legal education service in your province or territory, if it is safe to do so.
Finding Additional Support
Some people find it helpful to talk with a local support worker or legal information service about safe ways to document what is happening. Additional support options across Canada are listed at DV.Support, which may include crisis lines, shelters, and legal information services.