Phones now sit at the centre of many family violence and assault cases.
Text messages, call logs, CCTV, social media posts, location data, photographs, voice notes, emails, screenshots and app activity can all become important evidence. Sometimes that evidence supports an allegation. Sometimes it helps defend against one. Sometimes it shows that the story presented to police is incomplete.
In family violence matters especially, digital evidence is becoming increasingly important. Allegations may involve physical violence, threats, stalking, surveillance, coercive control, emotional abuse, economic abuse or contraventions of intervention orders. In many of these cases, the evidence is not limited to what happened face to face.
It may be sitting on a phone.
At Galbally Parker Lawyers, we regularly assist clients in family violence, assault and intervention order matters where digital evidence plays a critical role. That may include acting for affected family members, people accused of family violence, or people defending criminal charges connected to an intervention order.
If you are involved in this type of matter, you can learn more about our experience on our Family Violence Lawyers page.
Family violence is not limited to physical assault
The law now recognises that family violence can take many forms.
It is not confined to physical or sexual violence. It can also include threatening behaviour, coercive and controlling behaviour, surveillance, emotional abuse, psychological abuse, economic abuse, intimidation and conduct that causes a family member to fear for their safety.
That is one of the reasons digital evidence has become so important.
A family violence case may involve allegations about:
- repeated messages
- threats sent by text or social media
- tracking or monitoring
- controlling access to money or accounts
- misuse of shared passwords
- contact after an intervention order is in place
- abusive emails or voice messages
- location sharing
- social media posts
- deleted or selective screenshots
- CCTV from a home or workplace
The Magistrates’ Court of Victoria explains that Family Violence Intervention Orders are designed to protect a person, their children and their property from a family member, partner or former partner. You can read more through the Court’s Family Violence Intervention Orders information.
Galbally Parker has also written about the relationship between family violence intervention orders and criminal charges, which often run alongside each other.
Why digital evidence can cut both ways
Digital evidence is not only used by police or applicants.
It can also be critical for a person defending an allegation.
For example, a complainant may provide police with screenshots of abusive messages. But screenshots can be selective. They may show only part of a conversation. They may omit the messages that came before. They may leave out the context, tone or escalation that led to the exchange.
In other cases, an accused person may have CCTV, call logs, social media posts or full message histories that contradict the allegation or show a different sequence of events.
This is why digital evidence needs to be preserved properly and reviewed carefully. A single screenshot rarely tells the whole story.
Back up your phone
It sounds simple, but backing up your phone can make a significant difference.
If your phone is lost, damaged or seized by police, a backup may allow you to access important evidence later. That evidence may include messages, photographs, call logs, videos, app data or other material relevant to the allegation.
This can be important whether you are making an allegation or defending one.
In many family violence matters, messages are produced as screenshots. The risk is that screenshots can be incomplete or selective. Having access to the complete message chain can help show the broader exchange.
That may be important where:
- the allegation relies on only part of a conversation
- the messages before or after the alleged conduct matter
- the tone of the exchange has been misrepresented
- both parties were communicating regularly
- contact was necessary because of children, property or separation issues
- the allegation is connected to a claimed breach of an intervention order
If you have been accused of family violence and believe the digital record tells a different story, it is important to get advice before sending material directly to police or the other party.
Preserve CCTV before it disappears
Many homes and businesses now have CCTV, doorbell cameras or security systems. However, footage is often stored for only a short period unless it is saved or backed up.
That can create a major problem.
If an allegation is made weeks later, the footage that could have supported your version may already be gone.
We recently acted for a young man who had broken up with his girlfriend. Over several weeks, she attended his home a number of times. When it became clear that the relationship was over, she alleged that our client had been physically violent during the breakup. In her statement to police, she also said she had tried to cease contact with him and wanted nothing to do with him.
On her version alone, our client was charged with assault and served with an intervention order.
However, CCTV footage from the previous three weeks showed that she had been attending his home uninvited. Once police were shown that footage, the assault charge was withdrawn and police also withdrew from the intervention order application.
The footage mattered because it showed context that was missing from the written allegation.
For a relatively small annual cloud storage cost, our client avoided a far more serious and expensive legal process.
Social media can become evidence
Social media is often treated casually, but in criminal and family violence proceedings it can become evidence.
Posts, comments, stories, videos, photos, timestamps, location tags and direct messages may all be relevant. Even content that seems harmless at the time can be misunderstood, taken out of context or used to support an allegation.
Galbally Parker has previously written about the impact of social media on criminal cases and the broader role of digital evidence in criminal law.
In family violence cases, social media may be relevant to allegations of:
- stalking
- intimidation
- harassment
- surveillance
- threats
- indirect contact
- reputational harm
- breaches of intervention order conditions
If you are an affected family member, controlling your privacy is important. Be careful about posting information that may reveal where you live, work, study or socialise. Consider turning off location sharing on apps such as Snapchat, Instagram and TikTok. If you are posting from a location, it may be safer to post after you have left.
If you are concerned that an allegation may be made against you, do not monitor another person’s social media in a way that could breach an intervention order or be seen as harassment. If there is an order in place, even indirect monitoring, contact or communication may create risk.
This is an area where legal advice matters.
Be careful with screenshots
Screenshots are common in family violence and intervention order matters.
They are also often problematic.
A screenshot may not show:
- the full conversation
- whether messages were deleted
- what happened before or after
- whether the contact was invited or necessary
- whether the parties were discussing children or property
- whether the screenshot has been cropped
- whether the timestamp is clear
- whether the account belongs to the person alleged to have sent the message
This does not mean screenshots are useless. They can be powerful evidence. But they should be treated carefully, especially where the allegation depends on a small number of selected images.
Where possible, preserve the full conversation. Do not delete messages. Do not edit screenshots. Do not send aggressive follow-up messages trying to “fix” the situation.
Speak to a lawyer first.
Digital evidence and intervention order breaches
Digital evidence is also central in many alleged breaches of Family Violence Intervention Orders.
A breach may be alleged where a person contacts a protected family member, attends a prohibited location, posts about them online, sends messages through another person, or communicates in a way that is not permitted by the order.
Sometimes the issue is clear. Sometimes it is not.
For example, a person may believe they were allowed to communicate about children, property or practical arrangements. Another person may see the same contact as a breach. Messages, call records and screenshots then become central to how the allegation is assessed.
Galbally Parker has previously explained the legal ramifications of breaching an intervention order. This is important because an intervention order is civil in nature, but breaching it can lead to criminal charges.
If you are subject to an intervention order, do not assume that digital contact is safe simply because it is not face to face.
False or exaggerated allegations and digital evidence
Digital evidence can also be important where a person is defending against false, exaggerated or incomplete allegations of family violence.
In some cases, the evidence may show that:
- contact was mutual
- the alleged victim initiated contact
- the accused was responding to practical issues
- the allegation omits important context
- the accused was not at the location alleged
- CCTV contradicts the complaint
- social media activity is inconsistent with the allegation
- messages have been selectively presented
Galbally Parker has written more broadly about defending against false allegations of family violence. Digital evidence is often one of the first things we consider in those matters.
However, it is important not to gather evidence in a way that creates a new problem. Do not contact the other person if you are prohibited from doing so. Do not ask friends to send messages on your behalf. Do not access accounts that are not yours. Do not post about the case online.
The way evidence is gathered can matter as much as the evidence itself.
Practical steps if digital evidence may be relevant
If you are involved in a family violence, assault or intervention order matter, consider the following steps:
- back up your phone
- preserve full message threads
- save relevant voicemails
- keep call logs where possible
- download or save CCTV footage quickly
- take screenshots without cropping or editing
- record dates and times clearly
- avoid deleting messages or posts
- tighten privacy settings on social media
- turn off location sharing if safety is a concern
- do not contact the other party if an order prevents it
- get legal advice before giving material to police
These steps may help preserve evidence, but they are not a substitute for legal advice. Every matter is different, and the wrong step can make the situation worse.
Speak to a family violence lawyer before evidence is lost
Digital evidence can make a significant difference in family violence, assault and intervention order proceedings.
It may support an allegation. It may defend against one. It may show the broader context of a relationship, a separation, a confrontation or a claimed breach.
The key is to preserve it early and use it properly.
At Galbally Parker Lawyers, we act for affected family members, people accused of family violence, and clients facing criminal charges connected to intervention orders. We understand how digital evidence is used in these matters and how to identify the material that may change the course of a case.
If you are involved in family violence proceedings, contact Galbally Parker Lawyers to speak with an experienced Melbourne criminal defence lawyer.