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Evidence to support your application

You need to have evidence (proof) to show the magistrate why you need an intervention order. When you apply, give the court registrar as much of this information as you have. See ‘Applying for an intervention order’ (link below).

Telling your story

Your story is the most important part of your evidence. You will need to explain what happened to the registrar when you apply for the intervention order.

You may also have to tell your story to the magistrate when you go to the court hearing. You may be asked to:

  • go into the witness box
  • swear an oath (or an affirmation) to tell the truth
  • tell the magistrate in detail what happened and why you fear it could happen again.

It’s a good idea to write down what you want to say before you go to court, so that it is all clear in your mind. Start your evidence with the most recent incident.

If you are worried about seeing the respondent (person the application is against) in the courtroom, let the court staff know. Some courts are set up so you can give evidence by video link. You may also be able to give evidence by affidavit, which is a way of giving written evidence.

Other evidence

Any other evidence you have to support what you are saying will help you get an order. Some examples are:

  • Witnesses: other people who have seen or heard what the respondent did. They must have seen or heard something themselves, not just rely on what you or someone else told them. You may have to send them a summons to get them to come to court. Ask the registrar about how to do this.
  • Photos: you may have photos of injuries or damage caused by the respondent.
  • Letters or other written evidence: take any evidence showing threats or intimidation, including email or text messages.
  • Medical evidence: a doctor’s report describing physical injuries. If the respondent does not agree to the order, you may need to get the doctor to give evidence in person at the court hearing. Ask the registrar about how to do this.
  • Police statements: if the police took a statement from you, they should have given you a copy. If the respondent wants to fight the order, you may need the police officer to give evidence in person at the court hearing. Ask the registrar how to do this.
  • Legal documents: take any relevant legal documents, such as previous intervention orders against the person or parenting orders.

If you do have other sorts of evidence, tell the registrar when you apply for an intervention order. They can help you to prepare any evidence or information you are going to present at the court hearing.

More information

Applying for an intervention order

Going to court for an intervention order hearing

Related publications

Family violence intervention order publications

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter.

Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ at the Magistrates’ Courts who can give you advice on the day of your hearing.

For some matters, we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

If you are in danger, call the police on ‘000’.

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.

See Getting help – services for details of organisations that can help with family violence, family dispute resolution and other support services.