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…
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…
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…
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…
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…
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.…
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…
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…
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 — $2,500 — covers consultation, affidavit preparation, evidence review, filing, and court appearance DVO contested hearing — $4,800 — covers everything above plus witness…