Allegations of family violence and child abuse in family law children's proceedings

A pre-reform exploratory study
Research Report No. 15 – May 2007

Appendix E: Classification of evidentiary material

Table Appendix E: Classification of evidentiary material
Evidence Category

Conviction evident on court file

Guilty plea entered as to the alleged conduct - awaiting sentence

Conviction alleged as to the alleged conduct

Direct witness of family violence or child abuse - sworn

Direct witness of family violence or child abuse and expert opinion

Final intervention order by contest

Prosecution pending as to the alleged conduct

Prosecution pending on some but not all of this allegation

Unsworn account of witnessing injuries (but not violence)

Final intervention order - defendant did not appear

Sworn account of witnessing injuries (but not violence)

Photographs of injuries within sworn evidence

Photographs of injuries within unsworn evidence

Unsworn report of child welfare authority substantiates harm

Unsworn account of witnessing injuries (but not violence)

Of relatively strong probative weight

Final intervention order made by consent

Final intervention order made by consent without admissions

Interim intervention order granted in the absence of the defendant

Sworn hearsay account of family violence or child abuse

Unsworn hearsay account of family violence or child abuse

Miscellaneous sworn form of corroborative evidence

Miscellaneous unsworn form of corroborative evidence

Of less probative weight