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Evidence in Minnesota Domestic Violence Cases

A documentation guide for survivors navigating Minnesota’s legal systems.

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This information is for education only. It is not legal, medical, or emergency advice.

Understanding Evidence: Types, Storage, and Legal Use

Evidence plays a crucial role in legal and protective processes. It's important to be familiar with the common types and the protocols for keeping it safe, especially in sensitive contexts such as Orders for Protection (OFP), criminal law, and custody cases.

Types of Evidence

  • Physical Evidence: Tangible items like clothing, weapons, or written documents.
  • Digital Evidence: Emails, texts, photos, videos, and call logs stored on devices or cloud services.
  • Testimonial Evidence: Statements from witnesses or involved parties.
  • Medical Records: Reports or photographs documenting injuries or health conditions.

Safety in Storage

Preserving evidence safely minimizes risk of tampering or loss. Store physical evidence in dry, secure locations with restricted access. For digital evidence, use encrypted devices or trusted cloud storage with strong passwords. Regularly back up data to prevent accidental deletion.

Use in OFP, Criminal, and Custody Proceedings

Evidence must be collected and presented carefully to support your case in protective orders (OFP), criminal charges, or custody disputes. Courts rely on credible, well-documented evidence to verify claims and make informed decisions. For guidance on how to collect and manage evidence effectively, visit dv.support.

Caution About Recording Laws

Before recording conversations, be aware that laws vary by jurisdiction. Some areas require all parties’ consent, while others allow one-party consent. Illegal recordings may be inadmissible in court or result in penalties. Always research your local laws or consult legal advice before making recordings.

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