Evidence in Domestic Violence Cases in Queensland Courts
Domestic and family violence allegations are heard in the Queensland Magistrates Court (‘Domestic Violence Applications’) as well as the Federal Circuit and Family Court of Australia (‘FCFCOA’).
In both jurisdictions for a Court to consider allegations of domestic and family violence it is incumbent on the parties to substantiate and prove the allegations to the requisite standard of proof, that being on the balance of probabilities.
Evidence in the FCFCOA is tested more rigorously because orders affect parental responsibility and time.
Allegations of family violence must be supported by Notice of Child Abuse, Family Violence or Risk.
What is Strong Evidence in a Domestic Violence Case?
Providing evidence in Court to support your case can be difficult and complex if you do not understand the rules of evidence and practice in Courts.
In Domestic Violence Applications, the onus is on the applicant to prove the allegations occurred. Courts will consider various types of evidence, however the best evidence to support allegations of domestic violence is typically:
Direct Evidence
- Photos of injuries taken at the time of the incident;
- Photos or recordings of property damage taken at the time of the incident;
- Medical records documenting injuries with a medical practitioner;
- Police body-worn camera footage; and
- Text messages, emails, social media messages, showing the communication, abuse, threats connected to the allegations.
Corroborating Evidence
- Witness statements, from anyone who was present at the time who observed the incident or injuries etc;
- Workplace records to support disclosures regarding domestic violence; and
- Bank statements showing supporting financial abuse.
At the hearing of a Domestic Violence Application, the Court will hear oral evidence from the witnesses, and parties to the proceedings. From the evidence provided, the Court will determine the credibility and reliability of witnesses. This is used by the Courts to make a finding about the allegations.
What Is Hardest to Prove in a Domestic Violence Case?
Being successful in a Domestic Violence Application (whether as the applicant or defending them as respondent) is dependent on the evidence provided in the proceedings. Strong evidence is important no matter the circumstances to secure the desired outcome.
Proving someone’s behaviour over a period can be difficult to prove if evidence has not been collected to show the pattern of abuse.
It is important that if allegations of controlling, and escalating abuse, that the pattern of behaviour is documented early, accurate, detailed and maintained as much as possible.
When Courts Reject Evidence in Domestic Violence Application
Evidence in these proceedings are provided to the Court by way of sworn affidavits. It is important that a party complies with the rules for affidavits and collects the correct evidence to support the affidavit. Otherwise, the risk of the Court not accepting evidence is high and can be detrimental to the case.
The Court has discretion to accept different types of evidence when hearing protection order applications. Some evidence a Court will not allow is witness evidence that does not directly relate to the allegations.
There are some special classes of evidence such as medical and counselling records which are protected by privilege and the Court must grant leave for those records to be obtained in proceedings.
How to Defend a Domestic Violence Case?
The Respondent has the right to contest the allegations in several ways such as:
- The Respondent denies that the alleged behaviour occurred and has the requirement to prove that those things did not happen;
- The respondent accepts the behaviour occurred but denies it is an act of domestic violence; and/or
- The respondent presents a case that supports why an order is not necessary or desirable to make.
Defending applications for domestic violence cases can be complex and requires legal advice early in the proceedings to provide you with the best opportunity to contest the evidence and place evidence that supports your case before the court.
We provide further information about this in our article:
FALSE ALLEGATIONS OF DOMESTIC VIOLENCE IN QLD | LEGAL DEFENCE GUIDE
How Courts Assess Evidence in Domestic Violence Proceedings
Domestic violence proceedings sit in a unique evidentiary space. They are civil in nature, urgent, highly discretionary, and can involve patterns of behaviour rather than single incidents. Courts therefore take a broad, flexible approach to admissibility, but credibility and reliability remain central.
False allegations of domestic violence can have serious and long-lasting consequences. Early legal advice, strict compliance with court orders, and a clear defence strategy are essential.
Elysian Law assists clients across Brisbane, the Sunshine Coast, and Queensland with domestic violence orders, criminal charges, and related family law matters.
Author: Laura Summerville
Laura is the Legal Practice Director and co-founder of Elysian Law. Laura has extensive experience across the Queensland’s Courts and Legal system. Laura has a special interest in representing clients involved in all areas of domestic and family violence matters such as applications for protection orders (respondent and aggrieved), criminal proceedings and Family Law matters involving complex areas of family violence.
Laura holds a Bachelor of Laws (Honours) and practicing both family and criminal defence law.
For more advice on Domestic Violence Process and Allegations see our articles below:
- Domestic Violence Allegation Process Queensland
- 4 Common Defences Against Domestic Violence Orders (QLD)
- Cross Applications in Queensland’s Domestic and Family Violence Legislation
- Contesting a DVO
At Elysian Law, our team is committed to providing expert legal guidance tailored to your unique needs.
Supportive Services
If you or someone you know is experiencing domestic or family violence, support is available:
Emergency: Call 000 (triple zero) if you are in immediate danger.
1800RESPECT – 24/7 National Domestic, Family and Sexual Violence Counselling Service
Call 1800 737 732 or visit www.1800respect.org.auDV Connect (Queensland) – 24-hour crisis support for women
Call 1800 811 811 | www.dvconnect.orgMensline Australia – Support for men Call
1300 78 99 78 | www.mensline.org.au
