Victoria Legal Aid

Evidence to support your application

Information about the proof you need to show the magistrate why you need a family violence intervention order.

It helps to have evidence (proof) to show the magistrate why you need a family violence intervention order. Evidence can include:

  • telling your story
  • showing personal documents such as letters and photos
  • providing official documents such as police statements or medical evidence.

When you apply for an intervention order, give the court registrar as much evidence as you have. See Applying for a family violence intervention order.

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. 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 – bring any evidence showing threats or intimidation, including emails or text messages.
  • Medical evidence – a doctor’s report describing physical injuries and/or psychological impact. 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 after an incident involving the respondent, they should have given you a copy. If the respondent does not agree to 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 respondent, parenting orders or child protection orders.

If you 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.

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 10 November 2022

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