How to Collect Evidence Safely
Guidance on safely documenting abusive patterns.
Safer Ways to Document Abuse
Why Documentation Can Matter
Keeping a record of what is happening in your relationship may help you:
- See patterns of behaviour over time
- Explain your experience more clearly to a doctor, lawyer, advocate, or trusted person
- Support applications for protection orders, custody, or other legal steps
- Recall dates and details that are hard to remember later
You are never required to document abuse. You may choose to do it only if it feels reasonably safe and lawful for you.
Safety First: Questions to Consider
Before you start or continue documenting, you may want to think about:
- What happens if they find this? How have they reacted before if they saw messages, notes, or passwords?
- Do they monitor your phone or devices? For example, checking call logs, cloud backups, email, location, or shared accounts.
- Where will records be stored? On your device, in the cloud, with a trusted person, or on paper somewhere outside the home.
- Who else could see them? Children, family, housemates, or anyone with shared device access.
- What is your goal? For example, remembering details, talking to a professional, or possibly using the records in a legal process.
Legal Warnings About Recording
Laws about recording conversations, calls, and private interactions are different depending on where you live. This can affect whether a recording is:
- Legal or illegal to make
- Usable as evidence in court or in a legal process
- Something that could put you at legal risk if discovered
In some places, only one person in a conversation needs to know it is being recorded (often called “one-party consent”). In other places, every person in the conversation must be told and must agree before you record (often called “all-party” or “two-party consent”).
Because of this:
- Secretly recording your partner could be legal in one area and illegal in another
- Posting or sharing recordings might have different rules than simply making them
- Hidden cameras, “nanny cams”, and tracking apps may be covered by separate privacy or surveillance laws
If you are thinking about recording audio, video, or calls, you may want to:
- Check local laws on recording and privacy before you record
- Ask a legal clinic, accredited lawyer, or advocacy service how your local rules work in practice
- Consider safer alternatives, like written notes, photographs of visible damage (if safe), or saving messages
Lower-Risk Ways to Document (Without Secret Recording)
Depending on your situation and local law, some methods may be lower risk than others. You can choose what feels most manageable.
1. Written Notes or a Log
A simple abuse log can include:
- Date and approximate time
- Location (home, car, public place, online)
- What happened in plain, factual language
- Who else was present or who you told afterward
- Any visible injuries or property damage
You might keep notes:
- On paper stored outside the home (for example, at work or with a trusted person)
- In an email account your partner does not know about
- In a secure app with a strong password or two-factor authentication, if it is safe to do so
2. Saving Digital Communications
If safe and lawful where you live, you may want to save:
- Text messages, instant messages, or chat logs
- Emails that show threats, control, harassment, or stalking
- Social media posts or direct messages
Possible methods can include:
- Taking screenshots and sending them to a secure email or cloud folder
- Downloading message histories where the platform allows
- Printing copies and storing them away from home
If your partner has access to your devices or accounts, saving and moving these records might increase your risk. You may want to consider whether a trusted friend, family member, or advocate can help store them somewhere safer.
3. Photographs of Injuries or Damage
In some situations, people choose to photograph:
- Visible injuries, such as bruises or cuts, once they can safely do so
- Damage to property, such as broken items, holes in walls, or destroyed belongings
- Other physical signs of what has happened (for example, damaged doors or locks)
Safer storage options might include:
- Transferring photos to a secure cloud account not logged in on shared devices
- Sending copies to a trusted person, then deleting them from your phone if that is safer
- Saving them on an encrypted storage device kept outside the home
4. Medical and Service Records
Records created by professionals can also be a form of documentation. This can include:
- Medical records from doctors, hospitals, or clinics
- Notes or reports from counsellors, psychologists, or social workers
- Police incident numbers or reports (if you choose to involve the police)
- Records from shelters or advocacy services, if they create them
You can usually ask how your information will be recorded and who can access it. In some places, you may also be able to request copies of your records for your own files.
Technology and Digital Safety
If the person harming you is tech-savvy, you may want to consider how documentation could be discovered through:
- Shared cloud accounts or backups
- Linked devices (tablets, laptops, smartwatches)
- Location sharing, “find my device”, or tracking apps
- Email or social media accounts where they know the password
- Phone bills or shared service accounts that show calls and texts
Possible digital safety steps can include:
- Using a device they cannot access (for example, a work computer or a friend’s phone) to store or send documentation
- Choosing strong, unique passwords for accounts they do not know exist
- Turning off automatic backups or photo syncing on shared accounts, if safe
- Checking whether your phone or accounts show “recent devices” or active sessions you do not recognise
Thinking About How Documentation Might Be Used
Documentation can support you, but it can also be emotionally difficult to look at or talk about. You might consider:
- Whether you want these records mainly for your own memory, or for possible legal use
- How you might feel if you had to read your notes or show photos in a legal process
- Who you would be willing to share them with, if anyone
- Whether a trusted person could hold the records for you and only share them if you decide later
If you are unsure, you do not have to decide right away. Some people simply keep records and later discuss with a lawyer, advocate, or support person how, or whether, to use them.
Getting Informed Support
You do not need to manage documentation decisions alone. Local legal clinics, domestic abuse advocates, or community organisations may be able to explain:
- What types of documentation are more commonly accepted in your local courts or legal systems
- Risks and benefits of recording in your specific area
- Ways to store information more securely
You can also explore additional support options through resources listed at DV.Support, which may help you find services closer to where you live.
Key Points to Remember
- Your safety in the present is more important than gathering evidence.
- Recording laws and privacy rules vary widely by country, state, and region.
- Secret recordings can sometimes create legal or safety risks.
- Written notes, saved messages, and professional records can also be valuable forms of documentation.
- You control what you record, what you keep, and what you choose to share.