Collect evidence of abuse

Collecting evidence of abuse serves several important purposes:

1. Legal protection: Evidence is essential to obtain a protection order against your partner. Courts require solid evidence to issue these orders which can protect you and your children from further harm.
2. Custody and divorce proceedings: If you’re involved in custody or divorce proceedings, evidence of abuse can influence decisions regarding custody arrangements, visitation rights, and the division of assets. It helps establish the pattern of behaviour that may be relevant in these cases.
3. Documenting patterns: Abuse often occurs over time, and documenting incidents helps establish a pattern of behaviour. This can be crucial in demonstrating the ongoing nature of the abuse to legal authorities or support services.
4. Securing financial compensation: In some cases, evidence of abuse can be used to secure financial compensation or support, such as access to joint funds, spousal maintenance, or damage claims.
5. Validating your experience: Collecting evidence can also be a deeply personal process of validating your experience. It’s a way to acknowledge and affirm the reality of what you’ve been through, helping you to recognize the gravity of the situation and the impact it has had on your life.

There are various forms of evidence you can collect to support your case:

1. Physical evidence: This includes photographs of injuries, damaged property, or any physical evidence that shows signs of abuse. For example, take clear, dated photographs of bruises, cuts, or any physical marks left by your partner.
2. Digital evidence: Save abusive text messages, emails, voicemails, or social media messages. Screenshots of these communications can be particularly valuable. Make sure to include the dates and times when they were sent or received.
3. Witness statements: If someone witnessed the abuse, ask them to write a statement detailing what they saw or heard. Witness statements from neighbours, friends, or family members can be powerful pieces of evidence.
4. Medical records: If you’ve sought medical attention for injuries related to the abuse, keep all medical records, including doctor’s notes, prescriptions, and hospital discharge papers. These documents provide a professional account of the abuse’s physical impact.
5. Financial records: Collect evidence of financial abuse, such as bank statements showing unauthorised withdrawals, credit card statements with unexplained charges, or evidence of your partner taking control of your finances.
6. Journal entries: Keep a detailed journal documenting each incident of abuse, including dates, times, what happened, and how you felt. This can help establish a timeline of abuse and provide context for other evidence.
7. Police reports: If the police were called during any incidents of abuse, obtain copies of the police reports. These official records can provide a strong foundation for your case.

Safely storing and recording evidence is essential to ensure that it’s accessible when needed while protecting your safety:

• Digital storage: Store digital evidence in a secure, password-protected cloud service. Consider using platforms like Google Drive, Dropbox, or a similar service that allows you to access your evidence from any device, even if you need to leave home suddenly. Use strong, unique passwords and enable two-factor authentication to protect your accounts.
• Secure physical copies: If you’re keeping physical evidence, such as photos, letters, or medical records, store them in a secure place your partner cannot access. This might be in a safe place at a friend’s house, a safety deposit box, or a lockbox.
• Back up your evidence: Make copies of all your evidence and store them in different locations. For example, one copy can be kept with a trusted friend and another in a secure cloud storage service. This ensures that even if one set of evidence is lost or destroyed, you still have access to it.
• Use a trusted ally: If you’re concerned about your partner discovering your evidence, consider giving copies to a trusted friend, family member, or legal advisor who can keep them safe for you.
• Be discreet with recordings: If you’re recording conversations or interactions as evidence, check the legality of recording in your state or territory. In Australia, laws vary by state, but generally, you’re allowed to record conversations you’re a part of if it’s for personal protection.
• Document carefully: When documenting incidents in a journal or diary, be as detailed as possible. Include dates, times, locations, and descriptions of what happened. This documentation can be invaluable in legal proceedings.

Legal Considerations

In Australia, it's essential to be aware of the legalities surrounding the collection of evidence:

• Confidentiality: If you’re working with a legal advisor, they can help you understand how to keep your evidence confidential and use it in court without compromising your safety.
• Police confiscation: If police attend a domestic violence incident and there is significant proof stored on the phone they may temporarily seize the phone as a part of their investigation.
• Recording Laws: The laws around recording conversations vary by state. In some states, you may record a conversation if you are a party to it, but using these recordings in court may require permission from the court. Check the laws in your state to ensure you’re collecting evidence legally.