Domestic violence is a serious issue that affects many individuals and families across Queensland. If you’re experiencing abuse or threats from a partner, family member, or someone you have a close relationship with, applying for a Domestic Violence Order (DVO) can provide legal protection. However, securing a DVO requires sufficient evidence to convince the court that an order is necessary.
In this article, we’ll explore:
- What a DVO is and how it works in Queensland
- The types of evidence you can use to support your application
- How to gather and present evidence effectively
- Common challenges and how to overcome them
By the end, you’ll have a clearer understanding of how to build a strong case for a DVO.
Understanding Domestic Violence Orders (DVOs) in Queensland
A Domestic Violence Order (DVO), also known as a Protection Order, is a legal document issued by a court to protect a person from domestic and family violence. It sets restrictions on the behaviour of the respondent (the person accused of violence), such as prohibiting them from:
- Contacting or approaching you
- Coming near your home or workplace
- Using violence, threats, or intimidation
There are two ways to obtain a DVO:
- Police Application – If police are called to a domestic violence incident, they can apply for a DVO on your behalf.
- Private Application – You can apply directly to the court if you don’t want or can’t rely on police intervention.
Regardless of how the application is made, evidence is crucial to prove that you need protection.
What Evidence Do You Need for a DVO?
The court needs to be satisfied that domestic violence has occurred and that you need protection. Evidence helps establish this. Below are key types of evidence that can support your case.
1. Police Reports
If police have been involved in past incidents, their records (such as event numbers, statements, or charges) are strong evidence. This includes:
- Domestic Violence Incident Reports (if police attended)
- Charges or convictions for assault, stalking, or breaches of previous orders
- Body-worn camera footage (if available)
Tip: If you’ve called police before, request a copy of their reports to include in your application.
2. Medical Records
If you’ve suffered physical injuries, medical records can document the harm. This includes:
- Hospital or doctor’s reports
- Photos of bruises, cuts, or other injuries
- Psychological reports (if you’ve sought counselling for trauma)
Tip: Take photos of injuries immediately and keep a dated record.
3. Witness Statements
Statements from people who have seen or heard the abuse can strengthen your case. This could be:
- Family or friends who witnessed violence
- Neighbours who heard shouting or threats
- Co-workers who noticed harassment
Tip: Ask witnesses to write a signed statement detailing what they saw or heard.
4. Text Messages, Emails, and Social Media Evidence
Abusive or threatening messages (via SMS, WhatsApp, Facebook, etc.) can be powerful evidence. Save:
- Threatening texts or emails
- Harassing social media messages or posts
- Voicemails with verbal abuse
Tip: Take screenshots and back them up in case the respondent deletes messages.
5. Photos and Videos
Visual evidence can be compelling, such as:
- Photos of damaged property (broken doors, smashed items)
- Videos of violent behaviour (if safe to record)
- Security or dashcam footage
Tip: Store digital evidence securely (e.g., in cloud storage or with a trusted person).
6. Diaries or Journals
A personal record of incidents (dates, times, descriptions) can help establish a pattern of abuse. Include:
- Details of threats, assaults, or intimidation
- How the abuse affected you emotionally
- Any steps you took (e.g., staying with a friend, calling police)
Tip: Write entries as soon as possible after incidents while details are fresh.
7. Previous Court Orders
If you’ve had past interventions, such as:
- A temporary protection order
- A breach of a previous DVO
- Family Court orders related to safety
These show a history of concerning behaviour.
How to Present Evidence in Court
Once you’ve gathered evidence, you need to present it effectively. Here’s how:
For a Police Application
- Police will usually compile evidence and submit it to the court.
- You may still need to provide statements or additional documents.
For a Private Application
- Complete the DVO application form and attach evidence (e.g., statements, photos, medical reports).
- File the application at your local Magistrates Court.
- The court may issue a temporary order before a full hearing.
At the Hearing
- Be prepared to explain your evidence clearly.
- If you fear facing the respondent, ask the court about special arrangements (e.g., appearing via video link).
- A lawyer or support worker can help present your case.
Common Challenges and How to Overcome Them
1. “I Don’t Have Physical Evidence”
Not all abuse leaves visible marks. Emotional and financial abuse are also valid. Use:
- Witness statements
- Text messages showing control or threats
- Financial records proving economic abuse
2. “The Respondent Denies the Abuse”
Abusers often claim the victim is lying. Strong evidence (messages, witnesses, past police reports) can counter this.
3. “I’m Afraid of Retaliation”
If you fear the respondent may escalate violence after applying:
- Seek help from a domestic violence service (e.g., DVConnect).
- Ask the court for an urgent temporary order.
- Consider a safe place to stay while the case proceeds.
Where to Get Help
If you’re unsure about gathering evidence or applying for a DVO, support is available:
- DVConnect – 24/7 helpline (1800 811 811)
- Legal Aid Queensland – Free legal advice (1300 651 188)
- Women’s Legal Service – Free legal help for women (1800 957 957)
- Local domestic violence services – Assistance with safety planning and court support
Final Thoughts
Applying for a DVO can feel overwhelming, but evidence is your strongest tool in securing protection. Whether it’s police reports, messages, witness statements, or medical records, every piece helps build your case.
If you’re in immediate danger, call 000. For legal guidance, reach out to support services—you don’t have to go through this alone.
Have you or someone you know applied for a DVO? Share your experiences or questions in the comments—we’d love to hear from you.
