When domestic violence allegations are tested in court, whether in criminal proceedings or protection order applications, the Judge or Magistrate makes a ‘finding’ based on the evidence and legal rules. These finding details if the allegations made have been successfully proven and what evidence supports this finding.

If some or all allegations are not proven due to insufficient or unreliable evidence, a Court may dismiss the application for a protection order, or criminal charges can be withdrawn or result in an acquittal for the accused person.

In rare cases, costs can be awarded in the favour of the respondent in a dismissed application for a protection order to recover some or all their legal fees.

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: 

1. 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. 

2. 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.  

Defending a false allegation of domestic violence in Queensland requires a strategic and evidence-based approach.

Common defence strategies include:

1. Identifying inconsistencies or contradictions in the applicant’s evidence;
2. Producing objective evidence that disproves the allegations;
3. Providing independent witness statements;
4. Demonstrating a lack of ongoing risk; and 
5. Challenging the necessity or scope of a proposed Protection Order.

In the Queensland Magistrates Courts, respondents have the right to contest a Domestic Violence Order application. The applicant must prove the allegations on the balance of probabilities before the Court. 

Where criminal charges are laid, the prosecution must prove the offence beyond reasonable doubt. It is common for charges to be discontinued or dismissed where evidence does not support the allegation.

This is a complex area, and legal advice must be sought.

Daniel’s Law marks a major milestone in Queensland’s commitment to child safety. For the first time, parents can proactively check whether someone in their child’s life poses a known risk. This shift from reactive to preventative protection is a direct result of decades of advocacy by the Morcombe family and the broader community’s demand for transparency and safety.

The law also aligns with broader reforms under the Making Queensland Safer initiative, signalling a whole-of-government approach to reducing harm and strengthening public confidence in child protection systems.

In Queensland, domestic violence allegations are taken seriously and are treated as a priority by the Queensland Police Service (‘QPS’). Police will usually attend the scene if a report is made, whether through Triple Zero (000), a third party, or a later complaint.

Under the QPS Operational Procedures Manual (‘OPMS’) (Chapter 9:
Domestic and Family Violence) the police must investigate all complaints of domestic violence, even trivial and unreasonable complaints by unknown persons. The OMPS details the procedure when responding to domestic violence incidents and allegations.

During attendance, police may:

1. Separate the parties involved;
2. Speak with the aggrieved person, respondent, and any witnesses;
3. Take statements and photographs;
4. Assess any injuries or property damage;
5. Review prior domestic violence history; and
6. Consider the presence of children and immediate safety risks.

Police are required to conduct a risk assessment under the Domestic and Family Violence Protection Act 2012 (Qld). Importantly, an allegation alone does not require proof beyond reasonable doubt at this stage.

If police believe there is an ongoing risk, they may take immediate protective action, even if no criminal charge is laid.

Important: Be aware under the OMPS, police must record (BWC) their investigation including witness’s providing their version. This camera is located on their chest. Thus, once a version is provided it is very hard to retract and police will often purse an application for a protection order even if it is no longer support by the aggrieved.

Unfortunately, DVO applications are sometimes used:

• during relationship breakdowns;
• as leverage in parenting disputes;
• to gain advantage in property negotiations; and/or
• to punish or retaliate after a conflict.

The Court and Police sees these behaviours more often than people realise.

Signs that allegations may be false or exaggerated include:

1. claims raised only after separation or a legal dispute;
2. historical incidents suddenly “remembered”;
3. allegations not reported to police despite being serious;
4. absence of evidence that would normally be expected; and
5. behaviour by the aggrieved that contradicts their stated fear (e.g., continuing to contact the respondent).

Case Example:
In one Queensland proceeding, the aggrieved alleged repeated threats and aggression over weeks. However, evidence showed she continued voluntarily staying at the respondent’s home, had initiated contact dozens of times and asked for free help on her car and money. Once the respondent refused to assist, the aggrieved made an exaggerated complaint to friends about his behaviour and a police complaint was made on her behalf.

The Court considered the application retaliatory; there was no relevant relationship and dismissed it.

A strong defence gathers objective evidence—messages, call logs, location data, witness accounts—to demonstrate the allegations are not credible.

In Australia, this day is an opportunity to raise awareness of domestic and family violence and to advocate for stronger protections. It also highlights the responsibility of our community to support survivors, challenge harmful behaviours, and promote equality. For legal professionals and the courts, it’s a reminder of the role they play in ensuring victims are heard and protected under the law.

While each situation is unique, several common factors contribute to the increase in domestic violence during the holiday period:

1. Heightened Stress
Financial strain, family obligations, and expectations to create a “perfect” holiday can overwhelm many individuals. When stress builds without healthy coping mechanisms, it can lead to anger and conflict within relationships.

2. Increase in Alcohol Consumption
Alcohol use typically rises over Christmas and New Year celebrations.
Excessive drinking can impair judgment, lower inhibitions, and intensify aggressive behaviour, often escalating existing tensions.

3. More Time Spent Together
During holidays, partners and families spend extended time at home, sometimes in confined or emotionally charged environments. This can magnify underlying issues in relationships and create opportunities for controlling or abusive behaviour to surface.

4. Reduced Support Services

Many community services, counselling agencies, and courts operate on limited hours during the holidays. Victims may find it harder to access immediate help or safe accommodation, increasing their vulnerability.

As the festive season approaches, separated families often face heightened stress around parenting arrangements. To ensure children can enjoy meaningful time with both parents and extended family, the Federal Circuit and Family Court of Australia (FCFCOA) sets a strict deadline for filing parenting applications ahead of Christmas.

An undertaking is essentially a promise by the respondent (the person alleged to have committed violence or threats) to the aggrieved and to the court. It involves the respondent doing (or refraining from) certain things, such as behaving in a certain way, not contacting the aggrieved, or staying away from places such as their residential house.

An undertaking is not a court order and is not considered a protection order.

An undertaking is an agreement that is an alternative resolution to a Final Protection Order. If the respondent enters into an undertaking, often in return, the aggrieved will agree to withdraw their application for a protection order before the Courts.

This is often to the advantage of the respondent as a Magistrates does not hear and determine the facts of the case. Thus, there are no formal findings about the respondent culpability and whether they have acted poorly.

An undertaking cannot be enforced by police or the Courts. A breach of the undertaking or it’s conditions is not a criminal offence, however any breach may potentially be considered by the Court in any future proceedings

However, an undertaking will form part of the Court file.