In family law proceedings, allegations of family violence can carry significant weight. They can influence parenting arrangements, and the outcome of a property adjustment. Yet a frequently misunderstood aspect of proving family violence is the role of corroborative evidence.
Contrary to popular belief, corroboration is not an essential requirement when alleging family violence in family law matters. The Family Law Act 1975 (Cth) does not mandate that a party must present independent or third-party evidence to support their claims. Indeed, section 164 of the Evidence Act 1995 (Cth) provides that it is not necessary that evidence on which a party relies be corroborated.
This principle is crucial. It recognises the reality that family violence often occurs behind closed doors, often without witnesses or physical evidence. Victims may not have police reports, medical records, or third-party testimony to support their experiences.
However, while not essential, corroborative evidence can be highly persuasive. It can bolster a party’s account and help the court assess the likelihood of events. Examples of corroboration may include:
- Text messages, emails, or social media posts
- Photographs of injuries or damaged property
- Police or medical reports
- Evidence from friends, family, or professionals
- Prior court orders or intervention orders
The presence of such evidence can assist the court in making findings of fact, especially where the allegations are contested. Seeking legal advice early may assist in identifying sources of objective evidence and information.
Notably, a court considering allegations of family violence must be persuaded that the party making the claim has established their case according to the civil standard of proof—that is, on the balance of probabilities. Critically, under section 140 of the Evidence Act 1995 (Cth), the more serious the allegation the greater degree of certainty is required by a court making a finding.
When considering allegations of family violence, the court will assess credibility, consistency, and context, even in the absence of supporting documentation.
This principle strikes a careful balance, requiring actual persuasion without imposing insurmountable evidentiary burdens. For those navigating family law proceedings, understanding this principle can be empowering. It confirms that the truth of your experience can be recognised, even if no one else was there to witness it.
Written by
Matthew Fieldus
Family Law Solicitor
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