Trigger warning: This article on ‘What evidence do you need for a DVO’ may contain explicit language. It may trigger some readers, especially domestic and family violence victims. We only intend to provide information to help domestic violence victims and provide legal advice when needed.
Domestic violence is one of the leading causes of divorce and is a serious criminal offence. But how serious is this, and what are the statistics on this offence? According to the Australian Institute of Health and Welfare, 1 in 6 women and 1 in 18 men between 2021 and 2022 experienced physical and/or sexual violence.
However, it does not stop here. The institute also recorded that 1 in 4 women and 1 in 7 men in the same timeframe experienced emotional abuse. Regardless of gender or numbers, these prove that domestic violence is still prevalent in most relationships. We can help cull these numbers when we start apprehending domestic abusers.
We can start with filing a domestic violence order (DVO) or an apprehended domestic violence order (ADVO) against them. Read on to learn what evidence do you need for domestic violence orders.
| Key Takeaways – A Domestic Violence Order (DVO) is a legal document that aims to protect victims of domestic violence or any risk of future domestic violence – To obtain a DVO in Australia, you need to provide substantial and credible evidence of domestic violence. Evidence can include witness statements, police reports, medical records, and photographs. – DVOs are relevant in family law matters, as they can affect child custody and property settlements. – Seeking legal advice is important when you want to know what evidence do you need for a DVO. |
What Is a Domestic Violence Order?
Let’s first define what a DVO is. An ADVO or DVO protects a victim of domestic violence from an abusive partner. It is classified under an AVO (Apprehended Violence Order) and the other type of AVO is an APVO (Apprehended Personal Violence Order). These orders prevent abusers from:
- Contacting or coming near the DV victim
- Harassing or intimidating the DV victim
- Damaging the property of the DV victim
- Going near the vicinity of the DV victim’s home, workplace, or school
Who Can Apply for a DVO and How Do You File for One?
Any person over 16 and a police officer can apply for an AVO. You can file a domestic violence order application in your local magistrate’s court. Afterwards, the court will list the application for a mention date after it is submitted. The respondent will receive a notification of this application before the first court date. If the respondent disagrees with the application, court proceedings will start.
You can click here if you want to apply for a DVO in NSW.
What Evidence Do You Need for a DVO: Types of Domestic Violence
To accurately report domestic violence, it’s essential to identify the specific type of abuse. Remember, it’s important that you give accurate details so authorities can help you better with your report. Let’s identify the different types of domestic violence:
- Physical violence: An act of physical force that is used to hurt or injure another person. This can include hitting, kicking, punching, choking, or using a weapon. This is not just a family law offence but a serious criminal offence.
- Sexual violence: A sexual act that is committed without the consent of the other person. This can include rape, sexual assault, or unwanted touching.
- Emotional abuse: Any behaviour that is used to control or manipulate another person emotionally. This can include name-calling, insults, threats, or isolation.
- Financial abuse: Any behaviour that is used to control or manipulate another person financially. This can include taking away their money, refusing to give them money, or making them dependent on you financially.
- Psychological abuse: A behaviour that is used to control or manipulate another person psychologically. This can include gaslighting, threats, intimidation, or humiliation.
To make a successful DV report, you must prove that abuse has happened in a relevant relationship, like a family/domestic relationship (by blood) or an intimate personal relationship between both parties, such as:
- Spouses;
- De facto couples;
- Engaged couples; and
- Family relationships, like relatives or siblings
If you were in an intimate personal relationship, a family relationship or an informal care relationship (unpaid) and you have been the victim of domestic violence, you are entitled to apply for a Domestic Violence Order
Read: What Constitutes Domestic Violence?
What Evidence Do You Need for a DVO in Australia?
1. Witness Statements
Do you have any friends or relatives who know about the abuse? If so, they can act as witnesses for your claim or report. They can provide valuable evidence of the abuse that you have experienced. They can describe what they saw or heard and also provide information about the impact of the abuse on you.
It is important to get witness statements from people you can trust to tell the truth. While friends and family members can provide credible evidence of abuse, the following people can also do the same:
- Neighbours
- Local police officers
- Private investigators
- Psychologists/Psychiatrists
- Doctors
2. Police Reports
The police are the first in line who can defend you from abuse. They can draft reports that are valuable when talking about “what evidence do you need for a DVO?”. This is true, especially if the police have been called to the scene of the violence on multiple occasions.
The police reports will document the details of the incident, including the injuries that you sustained and the statements of the witnesses.
3. Medical Records
After you file a police report about the abuse, the police can refer you to a medical checkup. Medical records can provide evidence of the injuries that you have sustained as a result of the abuse. This can be important, as it can help to corroborate your claims of abuse. Medical records can also document the emotional and psychological impact of the abuse.
4. Photographs and videos
Technology has been a great help in terms of documenting crime. One way that technology has helped with criminal cases is through photographs and videos.
These can be a powerful way to document abuse when talking about “What evidence do you need for a DVO?”. Some domestic violence victims. Additionally, photographs of injuries can be especially helpful, as they can provide concrete evidence of the abuse. Audio recordings or home footage of abuse are also helpful.
Are There Other Evidence I Can Give?
Yes, there are. Here are other types of evidence that can be used to support a DVO application:
- Text messages;
- Emails;
- A journal with the specific dates, times, and locations of the abuse; or
- Social media posts
These types of evidence may show the pattern of abuse and the impact that it has had on you. It is important to gather as much evidence as possible to support your DVO application. This will help the court to understand the seriousness of the abuse and to make a decision in your favour.
The Relevance of a DVO in Family Law Matters
DVOs are relevant in family law matters, as they can affect child custody matters. If there is a DVO in place, the court will take it into account when making decisions about child custody. The court will also consider the impact of domestic violence on the children and the victim. Sadly, children are also domestic violence victims.
Let’s use an example.
A court discovered that a DVO was present in divorce proceedings between Mary and Dominic. Dominic used to physically hit Mary in the early days of their relationship. Therefore, Mary lodged a DVO against Dominic. The court greatly considers this as a factor that decides the outcome of parenting arrangements for their child. Dominic may still see his child, but with strict supervision only.
2024 Update on NSW Domestic Violence Law
In September 2024, the NSW government will have a new domestic violence law—the Crimes (Domestic ad Personal Violence) and Other Legislation Amendment Bill 2024, amending the Crimes (Domestic and Personal Violence) Act 2007.
The new amendment mainly introduces Serious Domestic Abuse Prevention Orders and breach offences. This law aims to target domestic violence in NSW. The following are the two new breach offences under the new amendment:
- Intentional breach offence: This is for serious or harmful ADVO breaches due to the offender’s intent to cause harm and fear to a person under protection. Maximum imprisonment: 3 years.
- Persistent breach offence: This is for repetitive ADVO breaches over a short period of time. Maximum imprisonment: 5 years.
These new offences will serve as a complement to any existing ADVO breach, which has a maximum penalty of two years’ imprisonment.
What’s the SDAPO For?
A new order also provides for a civil protection measure known as the Serious Domestic Abuse Prevention Order (SDAPO). This order serves as a tool for law enforcement agents to monitor and supervise very high-risk offenders. Its protection extends to the relatives, former, current, or potential intimate partners of the person under protection from violence.
A person who breaches this order may face a maximum imprisonment of 5 years.
How Can I Prepare Myself Before Lodging a DVO?
We have now answered the question, ‘What evidence do you need for a DVO?’. However, what can a DV victim do before lodging a DVO? Here are some helpful tips:
- Do your best to stay safe before and during your DVO application process. Most likely, your abuser will know that you plan on filing a DVO against them. They may try to prevent you from accessing any means of contacting authorities, relatives, or friends. You can choose to live with a friend or relative if this is the case.
- If your case goes to court, you will need to prepare to testify about your experience of the abuse by your partner. This is challenging, yes. However, the court will need to hear your side of the story, as this is pivotal for your case. You are required to attend court on each occasion and explain why an order is necessary.
- A support system in place can help you get through the day when you are applying for a DVO or experiencing domestic violence. This may include friends, family, or a therapist. They can help you cope with the abuse and provide a safe space for you to express and breathe.
- A well-worded application will boost your chances of a Domestic Violence Order being granted. Hence, you should make sure that you filed your claim correctly and all the evidence presented are accurate. Make sure to have your own copy of your application or any legal forms that you will sign.
- To know your legal options, speak to a competent family lawyer about your situation and how to apply for a DVO. A lawyer can also help you understand your situation and represent you in court hearings. Lawyers can assist DV victims in getting a temporary protection order.
We Can Help You File a DVO Against Your Abuser
JB Solicitors is a law firm that specialises in domestic violence law. We do not tolerate abuse in any form and always represent our clients’ best interests and safety. Our expertise in family law matters can help you understand your rights and options. Moreover, we can represent you in court if your domestic violence case goes to court.
We understand that domestic violence is a difficult and sensitive issue. Therefore, our family lawyers are committed to providing you with the best possible legal representation and emotional support.
Contact us if you have more questions aside from ‘What evidence do you need for a DVO in Australia?’
