Is body-worn video always used against the defendant?

Not necessarily. Body-worn video records a single moment and can support or undermine an allegation. It may capture inconsistencies, the absence of injury, or a context that assists the defence as much as the prosecution.

Can text messages be used as evidence?

Yes. Text messages are commonly relied upon, but their meaning depends on context. The full conversation, its sequence, and what precedes and follows the quoted lines are all relevant to how they are interpreted.

Do injuries prove a domestic violence offence?

Injuries can corroborate an account, but on their own they rarely establish how they were caused. Medical evidence must be considered alongside the other evidence and the competing explanations.

What if there is no independent evidence at all?

Where a case rests on a single account without independent support, the reliability of that account becomes critical. The prosecution must still satisfy the court beyond reasonable doubt.

Can evidence be excluded?

Yes. Evidence may be excluded if it is inadmissible under the Evidence Act 1995 (NSW) — for example, where an admission was not properly obtained, or where the probative value is outweighed by unfair prejudice.

Is body-worn video always used against the defendant?

Not necessarily. Body-worn video records a single moment and can support or undermine an allegation. It may capture inconsistencies, the absence of injury, or a context that assists the defence as much as the prosecution.

Can text messages be used as evidence?

Yes. Text messages are commonly relied upon, but their meaning depends on context. The full conversation, its sequence, and what precedes and follows the quoted lines are all relevant to how they are interpreted.

Do injuries prove a domestic violence offence?

Injuries can corroborate an account, but on their own they rarely establish how they were caused. Medical evidence must be considered alongside the other evidence and the competing explanations.

What if there is no independent evidence at all?

Where a case rests on a single account without independent support, the reliability of that account becomes critical. The prosecution must still satisfy the court beyond reasonable doubt.

Can evidence be excluded?

Yes. Evidence may be excluded if it is inadmissible under the Evidence Act 1995 (NSW) — for example, where an admission was not properly obtained, or where the probative value is outweighed by unfair prejudice.

DOMESTIC VIOLENCE EVIDENCE CENTRE

Evidence in Domestic Violence Proceedings

Domestic violence matters are decided on evidence — what exists, what it establishes, and how reliably it does so. This Centre explains the principal categories of evidence and how each is examined under the Core Defence Evidence Evaluation Framework.

Written by Joshua Jung

Principal Solicitor, Core Defence Lawyers

Last reviewed: Last reviewed 15 January 2025 · First published 1 August 2024

This page is general information about the law in New South Wales, not legal advice. It does not create a solicitor–client relationship. For advice on your circumstances, speak with a lawyer.

Evidence in domestic violence matters takes many forms: body-worn video recorded by attending police, CCTV, text messages and call records, social media, the accounts of the complainant and any witnesses, alleged admissions, and medical evidence of injury.

Each category has its own strengths and limitations. Visual evidence captures a moment but not its context. Messages can be selectively extracted. Injuries may corroborate an account but rarely establish, on their own, how they were caused.

The task is to evaluate each item on its own terms and then to consider how the evidence fits together. A case is only as strong as the reliability of the evidence that supports each element the prosecution must prove.

The volume of evidence is not the measure of a case. What matters is whether the evidence, properly examined, can reliably establish each element of the offence to the criminal standard.

KEY TOPICS

Categories of Evidence

The principal forms of evidence that arise in domestic violence proceedings and how each is assessed.

Body-Worn Video

What police footage captures and omits, and how demeanour and timing are interpreted.

CCTV Evidence

How independent footage is used to confirm or contradict an account, subject to coverage and continuity.

Text Messages & Call Records

Why the full thread and sequence matter, and how selective extraction can mislead.

Social Media Evidence

Questions of authorship, timing and context that must be resolved before weight is given.

Admissions & Interviews

How alleged admissions are scrutinised for accuracy, context and admissibility under the Evidence Act.

Medical Evidence

How injury evidence is assessed for cause, timing and consistency with the allegation.

IN PRACTICE

How Evidence Is Tested

Each item is evaluated against the element of the offence it is said to prove.
The conditions in which evidence was created or obtained are examined for reliability.
Admissibility is considered separately from weight — admissible evidence may still be weak.
Gaps, omissions and continuity issues in visual and electronic evidence are identified.
The evidence is assessed as a whole, not item by item in isolation.

COMMON QUESTIONS

Frequently Asked Questions

Sources & further reading

Links to legislation and court resources are provided for reference. Legislation is amended from time to time; always check the current version on the official source.

Start Here — Guided Navigation

A Guided Path Through Our Domestic Violence Resources

This is not a menu. It is a structured reading sequence designed to show where to begin, which resources matter most, and which page to read next. Choose the pathway that reflects your situation.

Pathway One

New to domestic violence proceedings?

Pathway Two

Involved in ADVO proceedings?

Pathway Three

Preparing for a hearing?

Pathway Four

Considering an appeal?

Connected Body of Knowledge

Related Authority Resources

Each resource forms part of a single, connected body of knowledge. Continue through the platform to understand how these principles operate together.

Domestic Violence Defence Hub

The central navigation point connecting every resource, framework and centre across the platform.

Domestic Violence Defence Lawyers NSW

The comprehensive authority resource on how domestic violence allegations are examined and defended in New South Wales.

Core Defence Frameworks

The complete library of structured analytical frameworks that govern how every matter is examined.

Core Defence Domestic Violence Method™

The structured ten-stage approach applied to the preparation and analysis of every domestic violence matter.

Core Defence Credibility Assessment Framework™

How courts evaluate the reliability of evidence and testimony rather than simply deciding who to believe.

Core Defence Evidence Evaluation Framework™

How the totality of the evidence is assessed to determine what it genuinely establishes.

Our Standard

The principles that guide our approach to domestic violence defence representation, advocacy, education and professional service.

Advocacy Before Marketing
Knowledge Before Promotion
Trust Before Visibility
Authority Is Earned

Read Our Standard

SPEAK WITH A DEFENCE LAWYER

Confidential advice on your domestic violence matter

Every matter is different. If you are facing a domestic violence allegation, an ADVO, or a defended hearing, the earliest possible advice protects your position. Contact the firm for a confidential initial discussion. Contacting Core Defence Lawyers does not create a solicitor–client relationship, which arises only after the firm confirms engagement in writing.

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