How to Safely Record Evidence of Domestic Abuse -- A Survivor's Digital Safety Guide
If you are experiencing domestic violence, you are not alone. According to the World Health Organization, 1 in 3 women worldwide have experienced physical or sexual violence from an intimate partner. In the United States, the National Domestic Violence Hotline receives over 370,000 calls per year.
Evidence can change everything. A recording of threats, a photograph of injuries, a saved text message -- these can mean the difference between a protection order being granted or denied, between a case moving forward or being dismissed. But gathering evidence in an abusive situation is dangerous, and it must be done safely.
This guide was written with input from domestic violence advocates and is designed to help survivors understand how to safely document abuse using digital tools -- with your safety as the absolute first priority.
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1. Digital Safety First
Before you read any further, take a moment to consider your digital safety. Abusers frequently monitor their partners' devices -- checking browser history, reading text messages, tracking app installations, and using spyware. If your device is being monitored, searching for information about domestic violence, legal options, or recording apps could escalate the danger.
Immediate Steps to Protect Yourself
Use Private or Incognito Browsing
Open a private browsing window (Ctrl+Shift+N in Chrome, Ctrl+Shift+P in Firefox) for any searches related to domestic violence, legal help, or safety planning. Private browsing does not save your browsing history, cookies, or search queries. However, it is not invisible -- your internet service provider and anyone with access to your router may still see the sites you visit.
Clear Your Browser History
If you have already visited DV-related websites in a regular browser window, clear the specific entries from your history. In most browsers: press Ctrl+H to open history, find the relevant entries, and delete them individually. Deleting your entire history may be more suspicious than leaving it intact with just the sensitive entries removed.
Use a Safe Device
If possible, use a device your abuser does not have access to: a public library computer, a friend's or family member's phone, a computer at work, or a prepaid phone purchased with cash. Many DV organizations provide safe phones to survivors. Call the hotline from a safe phone to ask about resources in your area.
Check for Spyware and Monitoring Apps
Common signs your phone may be monitored: battery draining unusually fast, phone running hot when not in use, unfamiliar apps installed, data usage spikes, or the abuser seeming to know things you only searched for or discussed digitally. If you suspect spyware, do not attempt to remove it (this may alert the abuser). Instead, use a different device and consult with a DV advocate about safe phone options.
Create a Separate, Hidden Email Account
Set up a new email address on a safe device that your abuser does not know about. Use this for cloud storage, communication with advocates and attorneys, and receiving legal documents. Choose a provider like ProtonMail or Gmail. Use a strong, unique password and enable two-factor authentication. Do not access this account on any device your abuser can reach.
2. Why Stealth Recording Matters for Survivors
Domestic violence often occurs behind closed doors, with no witnesses. In court, cases frequently come down to "he said, she said" -- and historically, the system has not always believed survivors. Audio evidence changes the equation fundamentally.
What Recordings Can Prove
- Verbal threats: "If you leave, I will kill you" is a criminal threat in every US jurisdiction. A recording makes it undeniable.
- Pattern of control: Coercive control -- constant monitoring, isolation, financial control, intimidation -- is increasingly recognized by courts as domestic abuse. Recordings can demonstrate a pattern that individual incidents cannot.
- Contradicting the abuser's narrative: Abusers frequently present themselves as calm and reasonable in court. A recording of their actual behavior in private shatters that facade.
- Supporting a protection order: Judges in protection order hearings weigh evidence of threats, intimidation, and danger. A recording of the abuser making threats is among the most compelling evidence available.
- Documenting violations: If a protection order is already in place, a recording of the abuser violating it (making contact, issuing threats) provides clear evidence for enforcement.
Why the Recording Must Be Stealth
An abuser who discovers they are being recorded may become violent. The discovery of a recording device or app has, in documented cases, triggered severe escalation. This is why a recording app used by a DV survivor must:
- Start recording instantly -- no menus, no loading screens, no delay
- Display a dark or blank screen (no visible recording interface)
- Continue recording with the screen locked or off
- Not produce audible start/stop sounds
- Look innocuous if discovered on the phone
One Tap. Instant Recording. Screen Stays Dark.
Emergency Recorder was designed for moments when every second counts. Tap the app icon to immediately start recording. No menus, no delay. Your screen stays dark. Evidence is preserved automatically.
Download Free on Google PlayFree to start. No signup. No account needed.
3. Recording Laws Quick Reference for DV Survivors
Recording laws vary by jurisdiction. Here is a quick reference for the countries where our readers are most concentrated. For a comprehensive breakdown of every country, see our complete global recording laws guide.
United States
The US follows one-party consent at the federal level under the Electronic Communications Privacy Act (18 U.S.C. 2511). This means you can record any conversation you are part of without the other person knowing.
38 states + DC follow one-party consent. In these states, your recording is legal.
12 states require all-party consent: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, and Washington.
United Kingdom
The UK follows de facto one-party consent under the Regulation of Investigatory Powers Act 2000 (RIPA). A party to a conversation may record it for their own use. UK courts, including employment tribunals and family courts, regularly admit recordings made by one party. In DV cases, recordings are considered highly relevant evidence in applications for non-molestation orders under the Family Law Act 1996.
Canada
Canada follows one-party consent at the federal level under Criminal Code Section 184. You may record conversations you are part of without the other person's consent. This applies in all provinces. Provincial privacy legislation may impose some restrictions on how recordings are used, but criminal law allows the recording itself.
Australia
Australia's laws vary by state. New South Wales and Queensland allow one-party consent. Victoria, Western Australia, South Australia, Tasmania, and Northern Territory require all-party consent. However, most states have specific exceptions for recordings made to document criminal behavior (including assault, threats, and stalking). Consult a DV legal service in your state.
4. Five Steps to Safely Record and Store Evidence
Follow these steps carefully. Each step is designed to maximize your safety while creating evidence that will be useful if you decide to pursue legal action.
Step 1: Secure Your Digital Environment
Before installing any app or creating any accounts, follow the digital safety steps in Section 1 above. Use incognito browsing. Check for monitoring software. Create a separate email account on a safe device. This foundation protects everything that follows.
Step 2: Install a Stealth Recording App
Download Emergency Recorder or a similar app that starts recording instantly with a single tap and does not display a visible recording interface. After installation, move the app into a folder with other everyday apps (utilities, calculators, etc.) so it does not stand out on your home screen. Test it in a safe moment to make sure you know how it works -- you do not want to be figuring out the app during a crisis.
Step 3: Record Safely When Incidents Occur
When an incident begins and you can safely reach your phone: open the app with a single tap, place the phone face-down on a surface or in your pocket, and let it record. The app should work with the screen off. Do not hold the phone up or do anything that indicates you are recording. Do not change your behavior to provoke a response. If it is not safe to reach your phone, do not attempt it. Your physical safety is always the priority.
Step 4: Upload to Secure Cloud Storage Immediately
As soon as it is safe, upload the recording to your hidden cloud storage account (the one linked to the email address your abuser does not know about). Then delete the recording from your phone if there is any chance your abuser might check your device. The cloud copy is the safe copy. If you are forced to hand over your phone, the evidence still exists beyond physical reach.
Step 5: Document the Context
For each recording, write a brief note (saved in your secure cloud account, not on your phone) documenting: the date and time, what happened before and during the recorded incident, any physical injuries (photograph them with timestamps), names of anyone else present, and how you were feeling. This contemporaneous documentation strengthens the recording's value as evidence.
5. Cloud Backup: Keep Evidence Beyond Physical Reach
One of the most important principles in evidence preservation for DV survivors is this: evidence must exist in a location your abuser cannot physically access, destroy, or coerce you into deleting.
Why Cloud Storage Is Essential
- Phones can be seized or destroyed. An abuser who discovers recordings on your phone may destroy the device. If the recordings are only on the phone, the evidence is gone forever.
- Abusers may force deletion. Under coercion, you may be forced to hand over your phone or unlock it. If the recordings have already been uploaded to a cloud account the abuser does not know about, the evidence survives.
- You may need to leave suddenly. In a crisis, you may leave your home with nothing but the clothes on your back. Cloud-stored evidence travels with you to any device, anywhere.
- Chain of custody. Cloud storage creates automatic timestamps and access logs that support the recording's authenticity if it is ever challenged in court.
Setting Up Secure Cloud Storage
- Create a new Google, Apple, or Dropbox account using your hidden email address
- Use a strong, unique password (16+ characters, not reused anywhere)
- Enable two-factor authentication (use an authenticator app, not SMS if possible)
- Do not link this account to any device your abuser has access to
- Access this account only through incognito/private browsing or on a safe device
- Consider a service like ProtonDrive for additional encryption
After Uploading
Once the recording is safely in the cloud: delete it from your phone's local storage, clear the recording app's history if possible, and clear any cloud app from your phone's "recent apps" view. The recording now exists in a location that only you (and eventually, your attorney or DV advocate) can access.
6. Building a Complete Evidence Package
Recordings are powerful, but they are even stronger when combined with other forms of documentation. DV attorneys and advocates consistently advise building a comprehensive evidence package that includes multiple types of proof.
Types of Evidence to Collect
| Evidence Type | What to Collect | How to Preserve |
|---|---|---|
| Audio Recordings | Threats, verbal abuse, arguments, coercive control statements | Upload to secure cloud immediately. Keep originals unedited. |
| Photographs | Injuries, damaged property, threatening notes, weapons | Take photos with timestamp visible. Upload to cloud. Include a ruler or coin for scale near injuries. |
| Text Messages / Emails | Threatening messages, controlling demands, apologies that admit abuse | Screenshot entire conversations (showing phone number/email and dates). Upload screenshots to cloud. |
| Medical Records | ER visits, doctor appointments documenting injuries, mental health records | Request copies from providers. Store in cloud. Tell your doctor the true cause of injuries. |
| Police Reports | Any calls to police, reports filed, officer names and badge numbers | Request copies from the police department. Store in cloud. |
| Personal Journal | Dated entries describing incidents, your emotional state, witnesses present | Write in a secure digital document (Google Docs in your hidden account). Date each entry. |
| Witness Statements | Friends, family, neighbors, coworkers who witnessed abuse or its effects | Ask willing witnesses to write and sign dated statements. Store copies in cloud. |
| Financial Records | Evidence of economic abuse: controlled bank accounts, withheld funds, forced debts | Screenshot bank statements, transaction records. Store in cloud. |
| Social Media | Threatening posts, stalking behavior, public harassment | Screenshot with URL visible, date, and account name. Archive the page if possible. |
Organizing Your Evidence Package
In your secure cloud storage, create a clear folder structure:
- Recordings/ -- Audio files, organized by date
- Photos/ -- Injury photos, property damage, organized by date
- Messages/ -- Screenshots of texts, emails, social media
- Medical/ -- Medical records, prescriptions
- Legal/ -- Police reports, protection orders, court documents
- Journal/ -- Your personal documentation of incidents
When you are ready to consult with an attorney or DV advocate, you can share this folder securely. Having an organized evidence package dramatically strengthens your case and reduces the time and cost of legal proceedings.
7. National Hotlines by Country
You do not have to face this alone. Trained advocates are available 24/7 in most countries. These calls are free, confidential, and can be made anonymously.
| Country | Hotline | Phone Number | Additional |
|---|---|---|---|
| United States | National Domestic Violence Hotline | 1-800-799-7233 | Text START to 88788 | Chat at thehotline.org |
| United States | RAINN (Sexual Assault) | 1-800-656-4673 | Online chat at rainn.org |
| United Kingdom | National DA Helpline | 0808 2000 247 | Run by Refuge. 24/7. Email: helpline@refuge.org.uk |
| United Kingdom | Men's Advice Line | 0808 801 0327 | For male survivors. Mon-Fri 10am-8pm |
| Canada | Assaulted Women's Helpline | 1-866-863-0511 | 24/7, multilingual |
| Canada | Kids Help Phone | 1-800-668-6868 | For youth. Text CONNECT to 686868 |
| Australia | 1800RESPECT | 1800 737 732 | 24/7. Online chat at 1800respect.org.au |
| New Zealand | Women's Refuge | 0800 456 450 | 24/7 crisis line |
| New Zealand | It's Not OK | 0800 456 450 | Information line. areyouok.org.nz |
| Ireland | Women's Aid | 1800 341 900 | 24/7. Chat at womensaid.ie |
| South Africa | People Opposed to Woman Abuse | 083 765 1235 | Crisis line |
| International | HotPeachPages | -- | Global directory: hotpeachpages.net |
8. Frequently Asked Questions
Is it legal to secretly record my abuser?
In 38 US states plus DC, you can legally record any conversation you are a party to without the other person's consent (one-party consent). In the 12 all-party consent states (California, Florida, Illinois, etc.), technically all parties must consent. However, many courts have recognized exceptions for evidence of domestic violence, and recordings are frequently admitted in protection order hearings even in all-party consent states. The UK, Canada, and New Zealand also allow one-party consent. Consult a domestic violence attorney or advocate in your jurisdiction for specific guidance.
Will a secret recording be admissible in court?
In one-party consent jurisdictions, recordings made by a participant are generally admissible in both criminal and civil proceedings. In all-party consent states, judges have significant discretion, especially in civil protection order hearings where the standard of proof is lower. Judges frequently admit recordings that demonstrate threats, violence, or danger -- even in all-party consent states -- when the recording is the best available evidence of abuse. The recording's admissibility and any criminal liability for making it are separate legal questions.
How can I record without my abuser finding out?
Use a stealth recording app that starts instantly with a single tap and displays a dark or innocuous screen. Keep the app hidden in a folder with other apps. Place your phone face-down or in your pocket during recording. After recording, upload to a cloud account your abuser does not know about and clear any recording evidence from your phone. Do not change your behavior in ways that might alert your abuser to the recording.
What other evidence should I collect besides recordings?
Build a comprehensive evidence package: photographs of injuries (with timestamps), screenshots of threatening text messages or social media posts, medical records documenting injuries, police reports, a personal diary or journal documenting incidents with dates and details, witness statements from people who observed the abuse or its effects, and financial records showing economic abuse. The more types of evidence you have from different sources, the stronger your case.
What if my abuser monitors my phone?
If you suspect your phone is being monitored, do not search for DV resources, legal help, or recording apps on that device. Use a safe alternative: a public library computer, a friend's phone, a work computer, or a prepaid phone purchased with cash. Many DV organizations can provide safe phones. Call the National DV Hotline from a safe phone to ask about resources available in your area.
Can I get a restraining order based on a recording?
Yes. Recordings of threats, verbal abuse, or violent incidents are powerful evidence in protection order hearings. Judges in civil protection order proceedings have broad discretion in admitting evidence, and the standard of proof (preponderance of the evidence) is lower than in criminal cases (beyond a reasonable doubt). A recording combined with photographs, medical records, and your testimony significantly strengthens your petition for a protection order.
Evidence Starts with One Tap
Emergency Recorder was built for the moments when preparation meets necessity. Instant recording. Dark screen. No trace left on the device. Your safety. Your evidence. Your control.
Download Emergency Recorder -- FreeFree to start. No account needed. Available on Android.