Recording Evidence

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If you have never been involved with the police, and want to report your Domestic Violence Assaults to the police, you must be aware that even if you end up with the best officers, the law will only let them help you so much. A lot of DV reports end up being NFA’d ( “No further action” taken), because CPS (Crown Prosecution Service) won’t take on cases without evidence.

In order for your complaint (crime report) to be processed further you need some form of evidence. Having lived in a DV relationship for years, and naively believing the police and courts  would help me on my word and injuries alone, I know that having evidence is difficult. I also know what a dangerous position I was left in, when I reported him to the police, only for him to be out a few hours later, and back at my door.

Domestic violence by its very nature happens largely behind closed doors, so most likely there won’t be any witnesses, but even if there are, you cannot always count on the kindness of strangers to give a statement to the police (as I have had to find out), or step in.

I recorded evidence on my smart phone, simply with its own voice recorder, and with the phone tucked into my pocket, or my sleeve. He was too caught up in shouting at me/abusing to realise, but also, since he had deliberately broken my phone on several occasions it wasn’t unusual for me to keep my phone close.

Some ideas to record some evidence or corroborate your account of Domestic Violence in Civil Court, at least (for a non-molestation order) are –

  • Keep your smart phone close, and record. There are various apps you can download, which allow you to records telephone conversations, records covertly without it showing any signs, etc. You need to weigh up pro’s and con’s, and know whether he will check your phone for that kind of evidence, and also whether you have a safe place or time (when he is at work, or in the pub perhaps) when you can download the information and keep it safe.
  • Buy a cheap covert recorder. They come in pens, USB sticks, car keys, etc. Figure out which may be the most inconspicuous for you, and purchase that one. Be aware if he tracks your spending, and/ or accounts, if he keeps track of money, etc. and also watch out for the delivery of the parcel (via amazon, parcels can now be delivered to a local shop where you could it pick up safely). Dispose of packaging swiftly, if possible in a public bin.
    http://www.amazon.co.uk/gp/product/B00REMLVDW/ref=ox_sc_act_title_1?ie=UTF8&psc=1&smid=A1EQ2B7JH5OY0O
    This one for instance is a 70 hours/140 hours voice recorder in the form of a USB stick. Any type of office worker, student, admin, teacher, academic etc. could get away with that one easily. It has good reviews.
  • Keep sms, whatsapp chats, and send them somewhere secure to store (this could be a friend, or an alternative email account you have set up for this purpose).

I know recording evidence is dangerous, and may well place you in further danger. I know this is not standard advice, but the honest truth is, that you simply run the risk in having the matter NFA’d and getting nowhere if you go to the police without concrete evidence. If you know your abuser is going to hurt you badly anyway, you may as well record it and/or catch it on camera, and actually stand a chance of convicting him. You’re in imminent danger anyway, but unfortunately it is not enough to be a victim of DV, you need to prove it, too, and the onus is, and always has been, on the prosecution, and therefore the victim, to produce evidence “beyond all reasonable doubt” (as is the burden of proof in criminal court) in order to result in a conviction, or even pass the threshold test for CPS.
If you are reading this because you are currently a victim of Domestic Violence, please do contact me, and I will try and help you further.
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