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About Abuse

Abuse Using Technology

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Updated: July 12, 2024

How is digital evidence different from other types of evidence?

One difference between digital evidence and other evidence is the actual format of it. Since digital evidence is in electronic data files, such as a “png” file for an image, you will need to think through how to present the evidence in a format that the judge can examine. For example, let’s say your evidence is on your cell phone. If the rules of evidence in your state require the judge to keep all evidence submitted in the case as part of the court record, you would want to think about how to get your evidence printed from your phone. This way, you don’t have to leave your actual cell phone with the judge.

Another difference is that digital evidence can be easily changed, damaged, or destroyed, so it is important to protect the data. This may be done by:

  • creating backup copies that are saved to a second device;
  • taking videos or screenshots, and storing them somewhere that the abuser cannot access; and
  • updating account passwords. You can learn more about password safety on Safety Net’s website.