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How to Gather Evidence of Domestic Violence for Divorce

What evidence the court accepts, how to record it safely, and how it is used in court.

Request Lawyer ContactFor people seeking legal representation. For general information, use our guides and tools.
3 min readUpdated 7 Oct 20263 sourcesDomestic Violence Act 1994Evidence Act 1950Law Reform (Marriage and Divorce) Act 1976
Contents

What evidence does the court accept?

  • Physical evidence: photos of injuries, damaged property or torn clothing.
  • Medical reports: a doctor’s record of your injuries and their likely cause carries a lot of weight.
  • Official records: police reports and any earlier protection order applications.
  • Messages and recordings: threatening texts, emails and voice messages. Under the Evidence Act 1950, electronic evidence can be used if it is shown to be genuine.
  • Witnesses: neighbours, friends, family or colleagues who saw or heard the abuse. Their statements back up your account.

How to record physical abuse

Photograph your injuries as soon as it is safe. Make sure the date and time show, and take several photos from different angles. A coin next to the injury shows its size.

See a doctor after each incident, even if the injury seems minor. Ask the doctor to note where the injury is, how big it is and what likely caused it, and keep a copy of the report.

Write down each incident while the details are fresh: the date, time, what happened, who was there and how it affected you. A record made at the time is valuable evidence.

How to keep digital evidence

Save every threatening or abusive message. Take screenshots that show the sender’s name, the date and time, and the full message.

Back up the screenshots to cloud storage, or email them to an account the abuser cannot open. Do not delete threatening voice messages. Save them as audio files if your phone allows it, or note the date, time and what was said.

If the abuser can get into your phone or accounts, use a separate device or account for your evidence. Clear your browsing history if you look up help on a shared device.

Should you make a police report?

Yes, if you can. A police report is an official record the court takes seriously. It shows you asked the authorities for help.

You can report at any police station. Bring your MyKad, explain what happened in detail and ask for a copy. You will need the report number to apply for a protection order.

If you are injured, the police can give you a medical referral form so you can be examined at a government hospital. That medical report is then linked to your police report.

How evidence is used in court

Evidence is usually put before the court in an affidavit, a written statement you swear is true. Photos, medical reports and screenshots are attached to it as exhibits.

Each exhibit should be clearly labelled and explained in the affidavit. Your lawyer will make sure it follows the court’s rules.

The court weighs how relevant and reliable each item is. A pattern of abuse recorded over time is more convincing than a single incident. The safety steps you took also show how serious things were.

What to do now

  • Start recording incidents today.
  • Keep your evidence where the abuser cannot find it.
  • Do not tell the abuser what you are collecting.
  • Speak to a lawyer about what to gather and how to apply for a protection order.
  • Read how divorce works when there is domestic violence.

Looking to engage a divorce lawyer? Your safety comes first. Once you are safe, if you are unsure whether your evidence is enough, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.

Frequently asked questions

Can screenshots of threatening messages be used as evidence?
Yes. Screenshots of texts, WhatsApp messages, emails and social media posts can be used. Keep the original messages on the phone as well, and make backup copies.
Do I need a police report to prove domestic violence?
It helps a lot, but it is not the only proof. Medical reports, photos and witness statements can also support your case. A police report gives you an official record the court takes seriously.
Can my children give evidence about what they have seen?
Sometimes, but courts are careful about calling children as witnesses. The court may instead ask a child welfare officer to interview the child and write a report.

Looking to Engage a Divorce Lawyer?

For people seeking legal representation. For general information, use our guides and tools.