Proving Your Tort Claim for Intimate Partner Violence? Here’s the Kind of Evidence You Need

Last month, we wrote about the recent landmark Supreme Court of Canada decision in Ahluwalia v. Ahluwalia, which recognized a new civil tort of Intimate Partner Violence (IPV).

That case is groundbreaking because it recognizes that, in the right circumstances, victims of IPV may now be able to pursue monetary damages from an abusive spouse or partner.  When awarded by a court, those damages are meant to recognize a simple fact:  That a pattern of coercive control can rob their targeted victims of dignity, autonomy, equality within the relationship, and independence.

If You’re a Victim of IPV

Do you believe you have experienced this kind of abuse? If so, you may be wondering:  “What sort of evidence should I gather?”

Every case is different, and you should always obtain legal advice about your specific situation. But if you think you may have been subjected to coercive control, abuse, or other forms of IPV, here are some of the types of evidence that can be helpful, and here’s how to ideally safeguard it.

1. Keep Copies of Your Communications

Many abusive relationships leave a digital trail. Typically, this will be text messages between you and your partner, but it can also include emails and social media posts.

Whatever their format, you should save any messages or posts from your partner that contain:

• threats or intimidation
• controlling instructions
• harassment or excessive monitoring
• financial demands or restrictions
• attempts to isolate you from friends or family
• repeated insults, humiliation, or degrading comments.

Try to keep screenshots, but also preserve the original messages whenever possible.

And a very important tip: Never alter the messages. This can erode your credibility before a court.

2. Document the Abusive Incidents as They Occur

Memories fade over time. If an incident occurs, consider making a contemporaneous note that records:

• the date and time
• what happened
• who was present
• how you responded
• whether anyone witnessed the event.

Since the tort of IPV involves a pattern of coercive or controlling conduct, it’s helpful to have a series of contemporaneous notes; they can bolster the conclusion that the abusive behaviour is of a recurring nature.

3. Preserve Financial Records

Financial abuse – meaning an abuser’s use of money or property to exert power or control over you – is a recognized form of IPV.  Helpful records may include:

• bank statements
• credit card statements
• loan documents
• evidence that you were denied access to money
• evidence of excessive monitoring of your spending
• records showing that your partner controlled household finances.

4. Keep Medical and Counselling Records

If you sought medical treatment, counselling, therapy, or other professional support, those records may also become important evidence in your claim for damages.

They can sometimes help establish:

• anxiety
• depression
• trauma
• sleep disturbances
• stress-related symptoms
• other consequences of the abuse.

Above all, make sure you continue to obtain whatever care and support you need. Your well-being should always come first.

5. Identify Witnesses

Friends, family members, neighbours, co-workers, teachers, counsellors, and other professionals may have observed what was happening to you.

Potential witnesses may be able to describe:

• changes in your behaviour
• injuries you suffered that they observed
• controlling conduct by your partner
• threats they witnessed
• concerns you expressed to them at the time of the abusive incidents.

6. Save Evidence of Surveillance or Monitoring

Your abusive partners may be the type to engage in extensive monitoring or stalking.  Examples of this can include:

• installing tracking devices
• keeping records from location-sharing apps
• excessive phone monitoring
• demanding you provide your passwords
• aiming surveillance cameras at you specifically
• repeated, unwanted attendances at your workplace, social events, or home (if you do not live together).

If you believe your devices have been compromised, seek professional assistance before deleting anything.

7. Keep Records Relating to Your Children

Where your children are involved, it can be important to preserve evidence showing how the abusive conduct affected your parenting arrangements, or your family life.

Examples of relevant evidence may include:

• threatening texts or other communications involving the children
• attempts to manipulate your children
• your children’s school records
• parenting-app communications
• court materials from Family Law proceedings.

8. Look for the Pattern

Perhaps the most important point is this:  Do not focus solely on proving individual incidents.

In the Ahluwalia decision, the Supreme Court explained that Intimate Partner Violence often involves a pattern of coercive and controlling conduct that unfolds over time.

So if you are gathering evidence in support of your damages claim, a court may be interested not only in what happened on one particular day, but also in the overall picture that emerges from months or years of behaviour.

Get Legal Advice

Finally, if you are experiencing IPV or believe you may have a claim arising from abusive conduct by a current or former partner, obtaining legal advice early can help you understand your rights, preserve important evidence, and determine what remedies may be available.

Here at our law firm, we are experienced at helping clients put together their evidence so that it maximizes their case.  If you need help, give us a call.