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QLD Affidavit for Domestic Violence Order?

Discussion in 'Family Law Forum' started by Dwood180, 28 May 2015.

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  1. Dwood180

    Dwood180 Member

    28 May 2015
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    Hi, I'm currently going through the process of getting a DVO ( Domestic Violence Order). Myself and the person I'm getting the DVO against have been asked to prepare and hand in an affidavit.

    I have a month to do it up and serve it to the court and the person I'm getting it against but he has been given 2 months meaning he will get to read mine before he does his up.

    Is this allowed? Is it normal? I think this gives him an advantage on me been able to see all my evidence against him so he can write his in a way to discredit mine?

    Any advice would be greatly appreciated:)

  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Yes, that is normal. The court operates on a concept of transparency between both parties - anything you file will be served on the other party to enable them to build a fair and equal case in defence against your allegations. It's a basic right to have a fair trial, after all, and a trial can't be fair if the parties can't defend themselves properly due to limited disclosure.

    An affidavit isn't really an opportunity to pitch a case or 'discredit the other party'. Rather, it is a statement of facts. You will have your version of events, and the other party will have their version of events, and that's what's the affidavits will contain. Evidence is not evidence until tested under cross-examination, and if it's found that facts have been omitted to advance a case, that's where that case will be discredited, rather than in an affidavit.

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