LOVE v Peel

In the matter of *LOVE v Peel*, heard before Judge Driver, the dispute concerned an application for an apprehended domestic violence order (ADVO). The applicant, Ms Love, sought the ADVO against the respondent, Mr Peel, alleging a pattern of behaviour that caused her to fear for her safety.

The central legal issue before the court was whether the applicant had established, on the balance of probabilities, that the respondent had engaged in conduct that warranted the making of an ADVO. This required the court to assess the credibility of the evidence presented by both parties and determine if the alleged conduct met the threshold for apprehension of future harm.

Judge Driver considered the evidence presented by both the applicant and the respondent, including witness testimony and any documentary evidence. The court applied the principles governing the making of ADVOs, which require a finding that the respondent has committed an act of violence or has threatened violence, and that there is a reasonable apprehension of future violence. The court's assessment focused on the likelihood of future harm, taking into account the history of the relationship and the respondent's conduct.

The court ultimately found that the applicant had not discharged the onus of proof on the balance of probabilities. Consequently, the application for the apprehended domestic violence order was dismissed.