Evidence in Wisconsin Domestic Violence Cases

How survivors can organize and store DV-related evidence safely in Wisconsin.

Keeping Evidence Safe for Protection and Court Processes

1. Common Types of Evidence

Different kinds of information can sometimes help show a pattern of harm or control. Not every item will be accepted in every process, but examples include:

• Written records – journals, dated notes of incidents, text descriptions of what happened and when.
• Messages and emails – screenshots or exports of texts, social media messages, emails, and call logs.
• Photos and videos – images of damage to property, injuries, or screenshots of online behaviour.
• Medical and health records – visit summaries, discharge papers, or notes showing dates and general reasons for visits.
• Police occurrence numbers – incident or file numbers, even if charges were not laid.
• Financial records – bank statements, pay stubs, receipts, and bills that show financial control or sudden changes.
• Third‑party records – notes or letters from schools, shelters, or community agencies describing concerns or observations.
• Witness details – names and contact information of people who saw or heard incidents, or who noticed changes in behaviour.

2. Organizing Evidence as Safely as Possible

Safety comes first. Any record‑keeping should be done in a way that does not increase risk if it is discovered.

2.1 General Safety Considerations

• Think about how the person who is causing harm checks devices, bags, or papers.
• Consider whether keeping detailed records might anger or alarm them if they find out.
• Decide whether a trusted person or service outside the home can securely store copies.

2.2 Safer Ways to Store Physical Items

• Keep papers in a neutral‑looking folder, notebook, or envelope that does not stand out.
• Use simple labels (for example, dates only) instead of detailed descriptions on the outside.
• Store items with a trusted person or service if possible, instead of at home.
• Make copies of important documents (for example, ID, bank cards, key emails) and keep them in a separate, safer place.

2.3 Safer Ways to Store Digital Information

• Use a device or account the person causing harm does not have access to, if available.
• Email copies of screenshots or notes to a new, discreet email account with a strong password.
• Use cloud storage carefully, and log out after use on shared devices.
• Regularly back up important files somewhere safe, off your main device.
• Be aware of shared phone plans, family‑linked accounts, or location‑sharing settings.

3. How Evidence May Be Used in Different Processes

Different systems (civil, family, and criminal) have their own rules about what they accept and how they use it. Processes and rules also vary across provinces and territories.

3.1 Protection and Restraining Orders (ROs)

When a person applies for a protection order or restraining order, decision‑makers often look for information showing:

• a history or pattern of harm, threats, or control
• recent incidents that raise safety concerns
• risks to children or other family members

Possible supporting information can include:

• dated notes about incidents and threats
• copies of texts, messages, or emails
• police occurrence numbers or past reports
• medical visit records related to injuries or stress
• letters or notes from support services (where available)

3.2 Family Court and Parenting / Custody Issues

In parenting and custody matters, courts often focus on the best interests and safety of children. Information about harm between adults can be relevant when it affects caregiving or the child’s wellbeing.

Useful records can include:

• notes about how incidents affected the child (sleep, school, behaviour)
• school or daycare records showing changes or concerns
• messages about parenting schedules, missed pickups, or refusals to return the child
• proof of involvement with support services related to the child

3.3 Criminal Investigations and Charges

In criminal matters, police and Crown prosecutors decide what evidence is relevant and how it is used. Criminal rules of evidence can be strict.

Items that may help police understand what happened include:

• texts and messages that show threats, harassment, or breaches of orders
• photos of property damage or visible injuries (if you have them safely)
• medical visit dates and summaries
• contact details for witnesses

Police may take their own photos, gather records, and later decide what can be used in court. They may also ask you not to delete certain messages or posts.

4. Caution About Recording Conversations

Recording phone calls or in‑person conversations without the other person’s knowledge can be risky, both legally and for safety.

4.1 Legal Concerns

• Canada has criminal and privacy laws about recording conversations. In some situations, a recording may be legal; in others, it may not be.
• Even if a recording is legally made, a court or tribunal might still decide not to consider it.
• Sharing or posting recordings can create new legal or safety problems.

4.2 Safety Concerns

• If the person causing harm discovers recordings, this can increase anger, monitoring, or retaliation.
• Devices used for recording are often easy to find, especially in a shared home or vehicle.
• Trying to secretly record can put you in risky situations that would otherwise be avoidable.

5. Balancing Evidence with Safety

Gathering and keeping evidence can sometimes support safety‑related processes, but it should not come at the cost of immediate safety.

• Notice when keeping or collecting evidence is increasing your stress or danger.
• Choose only the methods that feel as safe and manageable as possible.
• Use trusted supports to help store or organize information when that feels safe.

Recommended Articles

• Staying Safer on Phones, Email, and Social Media
• Safety Considerations in Ontario
• Safety Considerations in British Columbia
• Safety Considerations in Alberta
• Safety Considerations in Quebec