Evidence in Family Violence Intervention Orders in Queensland

In criminal law proceedings, complex rules of evidence can be the cause of lengthy legal argument. In contrast, in contested Family Violence Intervention Order Applications, Section 65 of the Family Violence Protect Act ('the Act') provides that the Court '. may inform itself in any way it thinks fit, despite any rules of evidence to the contrary.'

This means that evidence excluded in a criminal matter may be admissible in a Family Violence Intervention Order Contested Hearing. The Act also allows the Court to refuse to admit evidence, or to limit the use of particular evidence, if it is fair to do so.

If you are the Applicant or Respondent in a contested Family Violence Intervention Order matter, it is important to engage an experienced legal practitioner to ensure that your matter is properly prepared, and to achieve the best possible outcome.