QLD What to Include in Violence and Child Abuse Affidavit?

[Bobby Whitlow]

I need to write an affidavit in regards to the violence and child abuse I witnessed myself and my child suffers. Does anyone have any tips on what constitutes this or a guide of things to think about? Currently my affidavit is 6000 words long and it feels like I have barely scratched the surface as almost everything they do is abuse.

It just feels so overwhelming, I'd love if there was a list I could go through instead.

 

[Rob Legat - SBPL]

Affidavit writing is an art form. This isn't complete, but it should be enough to get you started:

Only include what is relevant. An affidavit can certainly be 6,000 words long, but I'm betting there's a lot of things that can be chopped out.

Set it out clearly in numbered paragraphs. Unless it's very basic, introductory things, keep it to one idea per paragraph.

Stick to the facts: who, what, where, when. Unless it directly relates to you, forget why.

If you didn't directly witness it, you can't include it.

Only put down things you directly witnessed, and be clear about the circumstances. For example, don't put "X told Y that Z happened". Instead, you should use something like "X told me he told Y that Z happened", or "I was present and heard X tell Y that Z happened."

You can't comment on anyone else's state of mind, so don't. You can only put in what you say them do, or heard them say.

You can comment on your state of mind, but be careful about doing so. Only put it in if it is directly relevant to what happened, and give a reason why you had that state of mind.

Try and keep it in order. Chronological is probably best. By topic if relevant.

Don't draw conclusions. That's not the job of an affidavit: it's your evidence. The court draws conclusions.

Unless you're an expert on something, and have the credentials to prove it, don't give your opinion on something unless it's extremely basic. For example, don't say: "X fell down and broke his arm." Say, "X fell down and hurt his right forearm." Even a doctor witnessing the event would need to break it down, eg: "X fell down and hurt his right forearm. I inspected X's forearm immediately after the fall and considered he might have a broken bone. On Y, X had a X-ray of his right arm taken at Z hospital. The results of the X-ray showed that X had a fracture of his right ulna."

 

[MartyK]

To add to what Rod has said...

If you are an SRL, then you will not be expected to write in the same manner as a lawyer. There is case law about SRL's and what is expected of the Judiciary in terms of "accommodations". Most Judges, even those of the appellate Courts, will try to decipher the poorest of affidavit/submissions, if you are an SRL.

Having said that, Rod is right on the money! If you want your evidence to be meaningful to the Court, then you should try to make it chronological, avoid hearsay and avoid making claims that exceed your qualifications.

In terms of Rods example about the broken arm, this also would suffice...

1. On (date) (Child's name) fell down a flight of stairs. He was in pain and I took him to the doctor. The doctor ordered x-rays and it was found that (Child's name), had broken his arm. (Child's name) arm was placed in a cast and I was advised by the doctor that he should remain at home to rest for (number) of days.

Not too long, not exceeding your qualifications, not hearsay, but covering everything about the event. You can even separate it into several shorter paragraphs.

You should try to reduce the 6000 words, unless the bulk is annexures, in my view.