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What Evidence to defend an application for DVO?
Clients who are the aggrieved in relationships with domestic violence regularly ask what evidence they are required to present in order to prove the abuse is occurring. Read this post to understand how you can prove physical, financial and/or emotional abuse happening to you. Please contact the Police if you feel that you are in danger at any point.
Do I need to provide evidence for my DVO application?
As with anything to do with the Police and the Law, you need evidence to back up your claims. This could be as little as the Police arriving at your house during the course of an argument and deciding it is necessary to apply for a Protection Order. However, if you are making an application following a history of abuse, you need to be able to establish that it is more likely than not that the abuse occurred as best as possible.
What if I do not have evidence of everything abusive that has happened?
It is understood that it will not be possible to have evidence of everything which has occurred and in that case you need to explain what happened in as much detail as possible.
What evidence do I need for an application alleging physical abuse?
For physical abuse, this could be photos of bruises or marks or you reporting to a friend, neighbour, medical practitioner or relative in the days following the abuse and either disclosing to them the abuse or them noticing the marks.
What evidence do I need for an application alleging financial control?
For financial control, this would include showing you have no access to your own bank account or money and that you are required to deposit your wages or income into an account that is not yours and that your access to that money or money you needed was limited. A joint account does not immediately mean you are being financially controlled, unless you are prohibited from, or unable to withdraw from it or access it. You may also have been made to sign an enduring power of attorney, giving someone else the right to access and control your finances.
What evidence do I need for an application alleging emotional abuse?
Emotional abuse is such things as calling you names, or body shaming you. It also includes preventing you from connecting with your parents or you’re your culture and speaking your native language. Some people engage in emotional abuse by threatening to self-harm, or harm someone, or a pet or animal you are close to.
If you are in fear of your safety at any time you should call the Police
If you are in fear of your safety at any time you should call the Police
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