What Evidence Do I Need
for a DVO?
One of the most common questions people ask before applying for a domestic violence order is whether they have enough evidence. The short answer — you probably have more than you think, and you may need less than you expect. A DVO is a civil protection order, not a criminal charge. The court decides on the balance of probabilities — it needs to be satisfied that domestic violence has occurred and that an order is necessary or desirable to protect you. That is a much lower threshold than a criminal trial. This page explains what types of evidence the court considers, how to collect and preserve evidence safely, and what Sacha needs from you to prepare a strong application. If you are the respondent, the same evidence is what you will be met with at a hearing. See defending a DVO or DV charge in Cairns for how an application is answered.
What the Court Looks For
Under section 37 of the Domestic and Family Violence Protection Act 2012 (Qld), the court must be satisfied of three things before making a protection order: A relevant relationship exists between you and the respondent The respondent has committed domestic violence against you A protection order is necessary or desirable to protect you from further domestic violence The court does not need forensic evidence. It does not need a police report. It does not require medical records or photographs of injuries. Those things help — but the court regularly makes DVOs on the basis of a well-prepared affidavit and oral evidence alone. The court is looking for a pattern. Domestic violence is rarely a single incident. A strong application tells the court what has been happening, how often, over what period, and what effect it has had on you and any children.
The Affidavit — Your Primary Evidence
In a private DVO application, the affidavit is the most important document. It is your sworn statement setting out what the respondent has done. The Magistrate reads it before the hearing. If the respondent does not contest, it may be the only evidence the court considers. A strong affidavit is: Specific. "On 14 March 2026, at approximately 11pm, the respondent threw a glass at the bedroom wall and told me he would kill me if I tried to leave." That is specific. "He is always threatening me" is not — the court needs incidents, not summaries. Chronological. Start from when the behaviour began and work through to the present. The court needs to see the pattern. In your own words. This is your account. It should read like you telling someone what happened — not like a legal submission. Honest about what you do and do not remember. If you cannot remember an exact date, say "in approximately February 2026." The court expects some uncertainty in recall. Sacha prepares the affidavit with you. You provide the information — the incidents, the timeline, the details you remember — and she drafts it in a format the court requires. The draft comes back to you to check and correct before it is sworn. You do not need to have a written record of everything. You may remember more than you think once you start going through the timeline. Text messages, photos, and other records can help anchor specific dates.
Types of Evidence That Support an Application
Anything that corroborates what you say in your affidavit is helpful. Common types include: Messages and communications Text messages, WhatsApp, Facebook Messenger, Instagram DMs, emails — anything showing threats, abuse, controlling behaviour, or admissions Voicemails — particularly threatening or abusive messages Call logs — showing excessive calling or calling at all hours Social media posts or comments — public or private messages, posts about you, tracking your activity Photographs and recordings Photos of injuries, damaged property, holes in walls, broken items Photos of the scene after an incident Screenshots of abusive or threatening messages before they are deleted Security camera or doorbell camera footage Records from other people and services Medical records — GP notes, hospital presentations, mental health treatment records. You do not need to have told the doctor it was domestic violence at the time — the record of the injury or the presentation itself is evidence. Records from DV services — if you have called 1800RESPECT, DV Connect, CRDVS, or another support service, those contacts may be recorded Records from counsellors, psychologists, or social workers Police records — if police have attended the address before, even if no charges were laid, there will be a record. Sacha can subpoena police call-out records if needed. Evidence from witnesses Family members, friends, or neighbours who have witnessed the behaviour or its effects on you Anyone who saw injuries, heard arguments, or was told about incidents at or near the time they occurred Teachers, childcare workers, or school counsellors who have noticed changes in children's behaviour Witnesses can provide their own affidavits, or they can give oral evidence at a hearing. Witness evidence is particularly valuable at contested hearings.
Evidence by Type of Domestic Violence
Domestic violence under the Act is much broader than physical violence. The type of evidence that supports an application depends on the type of conduct you are experiencing. Physical violence Photos of injuries, medical records, police reports. If you did not photograph injuries at the time, your account of what happened — including where on your body, how it happened, and any medical attention you sought — is still evidence. Emotional and psychological abuse Text messages, voicemails, or recordings of verbal abuse. A timeline of controlling behaviours — restricting who you see, monitoring your movements, humiliating you in front of others, threatening self-harm to prevent you from leaving. This type of evidence is often the hardest to "prove" — but the court understands that emotional abuse is rarely documented in the moment. Your affidavit is your evidence. Sexual abuse Sexual abuse — including coercing or pressuring a person to engage in sexual activity — is domestic violence under s8(1)(a) and s8(3)(b) of the Act. Evidence may include messages or communications where the respondent pressures, coerces, or threatens sexual conduct. Medical or counselling records. Your account in the affidavit of what happened. You do not need physical evidence of sexual abuse — your sworn account is evidence, and the court understands that sexual abuse within a relationship is rarely witnessed or documented. Coercive control Coercive control is a pattern of behaviour designed to dominate, manipulate, or control you. Evidence may include messages showing the respondent dictating what you wear, who you speak to, or where you go. Bank statements showing financial control. Evidence of isolation from family or friends. The court looks at the pattern — individual incidents may seem minor on their own but form a clear picture when laid out together. Economic abuse Bank statements showing accounts you cannot access. Evidence that the respondent controls household finances, prevents you from working, or forces you to account for every dollar spent. Records showing debts taken out in your name without your knowledge. Stalking and monitoring Evidence of tracking — apps on your phone, GPS devices on your car, showing up at places you did not tell the respondent you would be. Screenshots showing the respondent has accessed your accounts. Evidence of surveillance, following, or monitoring your movements. Property damage Photos of damaged property — holes in walls, broken furniture, damaged belongings. The damage does not have to be to your property specifically. Damaging shared property or the respondent's own property as a form of intimidation is domestic violence.
How to Collect and Preserve Evidence Safely
Your safety comes first. Do not put yourself at risk to collect evidence. If it is safe to do so: Screenshot messages immediately. Messages can be deleted. Screenshot them and send the screenshots to an email account or cloud storage the respondent does not have access to. Include timestamps in screenshots. Photograph injuries on the day. If you are injured, photograph the injury with your phone. Include something that shows the date — a newspaper, a screen showing the date, or your phone's metadata will record it automatically. Photograph damage. Holes in walls, broken items, anything that shows what happened. Keep a private record. A note on your phone, a diary, or an email to yourself. Date, time, what happened, who else was present. Even brief notes — "Tuesday 3am — woke me up screaming, kids heard" — are useful when preparing the affidavit. Save voicemails. Do not delete threatening or abusive voicemails. Forward them to a separate email or save the audio file. Use a secure email. Create an email account the respondent does not know about. Forward evidence to it as you collect it. Use a device the respondent does not have access to if possible. If the respondent monitors your devices If the respondent has access to your phone, email, or cloud storage — or if you suspect they are monitoring your activity — do not collect evidence on that device. Use a work computer, a friend's phone, or a device at a library or DV service. DV Connect (1800 811 811) and the Cairns Regional Domestic Violence Service (07 4033 6100) can help with safe evidence preservation. Sacha will discuss evidence collection with you at the first consultation, including what is safe and practical in your specific circumstances.
What If You Don't Have Much Evidence?
Many people applying for a DVO worry that they do not have "enough" evidence. Often, the domestic violence has happened behind closed doors. There are no witnesses, no photos, no text messages — just your word against theirs. Your evidence is still evidence. Courts hear DVO applications every day where the primary evidence is the affidavit of the person seeking protection. Magistrates understand that domestic violence is rarely witnessed and rarely documented in real time. A DVO application is decided on the balance of probabilities . The court does not need to be certain. It needs to be satisfied that it is more likely than not that domestic violence has occurred and that protection is warranted. If you are unsure whether you have enough, speak to Sacha before deciding not to apply. In most cases, you have more than you think — particularly when your account is set out properly in an affidavit, with specific incidents and a clear timeline. Things that help even when you think you have nothing: Your detailed recollection of incidents — dates, times, locations, what was said, what happened Changes in your behaviour — moving out, staying with friends, changing your routine to avoid the respondent Reports to anyone — friends, family, counsellors, crisis lines — even if you did not call police The respondent's own conduct since you separated — continued contact, turning up uninvited, messages
Evidence at a Contested Hearing
If the respondent opposes the DVO application, the matter goes to a contested hearing. This changes the evidence requirements. At a contested hearing: You will give oral evidence. This means going into the witness box, being sworn in, and answering questions — first from Sacha, then from the respondent's lawyer in cross-examination. Witnesses can be called. Anyone who provided an affidavit can be required to attend and give oral evidence. Witnesses who have not provided affidavits can still be called, but written statements are preferred. The respondent may give evidence. The respondent is not required to give evidence, but if they do, they will be cross-examined by Sacha. Documents are tendered. Text messages, photos, medical records, and other documents are formally tendered as exhibits. Sacha will prepare a bundle of the documentary evidence before the hearing. A contested hearing is more involved than an uncontested application. It requires preparation — assembling evidence, preparing witness statements, and being ready for cross-examination. Sacha will take you through what to expect, what questions are likely, and how the hearing runs. Contested DVO hearings are covered under a separate fixed fee — $5,800 .
The Cost
Evidence gathering and affidavit preparation are included in the fixed fee. You do not pay extra for Sacha to review your evidence, prepare the affidavit, or advise on what further evidence to collect. DVO application — $3,300 — covers consultation, affidavit preparation, evidence review, filing, and court appearance DVO contested hearing — $5,800 — covers everything above plus witness preparation, document bundles, and full hearing with cross-examination The fee is confirmed at the first consultation. If Sacha assesses that your matter is likely to be contested, she will advise on that before you commit. Payment plans are available — discuss your situation at the first call.
Frequently Asked Questions
Do I need physical evidence of violence to apply for a DVO?
No. DVOs are regularly made on the basis of affidavit evidence alone — your sworn account of what the respondent has done. Physical evidence like photos and medical records is helpful but not required. Domestic violence includes emotional abuse, threats, coercive control, and economic abuse, none of which leave physical marks.
Can I use text messages as evidence?
Yes. Text messages, WhatsApp messages, Facebook messages, emails, and voicemails are all admissible evidence. Screenshot them and save copies somewhere the respondent cannot access. Include the contact name or number and the date and time in each screenshot.
What if the respondent has deleted messages?
If you have already lost messages, your recollection of what was said — included in your affidavit — is still evidence. Going forward, screenshot messages as soon as you receive them. In some cases, deleted messages can be recovered from phone backups or service provider records.
Can police call-out records be used as evidence?
Yes. If police have attended your address for a domestic violence incident, there will be a record — even if no charges were laid. Sacha can subpoena police call-out records, occurrence reports, and body-worn camera footage if it is relevant to your application.
Is it legal to record conversations as evidence?
In Queensland, you can record a private conversation that you are a party to — you do not need the other person's consent. This is lawful under section 43 of the Invasion of Privacy Act 1971 (Qld). However, recording someone without being part of the conversation is not lawful. If you want to record interactions with the respondent, discuss this with Sacha first.
What if the only evidence is my word against theirs?
Your word is evidence. Your sworn affidavit is evidence. The court decides DVO applications on the balance of probabilities — not beyond reasonable doubt. If your account is detailed, specific, and consistent, the court can and does make orders on that basis. Speak to Sacha before assuming you do not have enough.
Can I get a DVO without going to court?
If the respondent consents to the order, the matter can be resolved without a full hearing — though you or your lawyer still need to attend court for the consent order to be made. If police have issued a police protection notice, that gives you immediate protection without a court appearance, and the matter then proceeds through the court process from there.
What evidence do I need if the abuse is emotional, not physical?
The same types of evidence apply: messages showing controlling, belittling, or threatening behaviour. Records of isolation from friends or family. Evidence of monitoring your movements or communications. Counselling or psychology records documenting the impact. Your detailed account in the affidavit — specific incidents, what was said, how often, over what period — is often the strongest evidence of emotional abuse.