Further and Better Particulars

What are Further and Better Particulars?

When seeking a Family Violence Intervention Order, the Magistrate may adjourn your matter and request that you provide Further and Better Particulars to help them better understand the situation.

Further and Better Particulars provides the Court with more detailed information, outlining what family violence has occurred and why you think it is likely to happen again.

When do I have to write Further and Better Particulars?

The Magistrate will advise you in Court if you are required to provide Further and Better Particulars, along with the required filing date. If you are unsure of the date you can contact the Court for clarification.

If your application has been completed by the Victorian Police they will complete the Further and Better Particulars on your behalf.

If you have completed the application yourself, you will be required to complete the Further and Better Particulars or seek legal assistance to help you complete these.

Who will see what I write?

Your Further and Better Particulars will be provided to the Court, the Respondent and the Respondent’s Lawyer. It is important that you understand that the other party will see the evidence you provide in order to give them a chance to respond.

What should I include in my Further and Better Particulars?

When drafting Further and Better Particulars be factual and specific, avoiding anything that is not about safety or family violence (e.g. infidelity is not family violence). You should not make generalist statements such as “X is a narcissist”. Rather be specific with dates, times and details of family violence incidents.

You can write your Further and Better Particulars in an email, a letter, or list, a template is provided at the bottom of this page that you can use as a guide.

Your document must:

• State “Further and Better Particulars” at the top of your document
• Number each paragraph

Your document should include the following:

• Timeline: Your Further and Better Particulars should include a timeline of each incident of family violence that the Respondent has committed against you, in the order in which they occurred.
  Start with the most recent and serious instances of violence and use clear and concise language.
  Try to include the date, time, and location of each incident if you can. If you can’t remember the date, try to give a rough idea of when the incident occurred, i.e. “on or around May 2024”.
• Evidence: Provide copies of any documents that show family violence has occurred, this could include emails; text messages; photographs; police statements; and/or medical reports.
• Witnesses: Write down the people who you want to go to Court with you to give evidence that family violence has occurred (note that a witness must be at least 18 years old). Make sure you talk to the people you list as they may be asked to attend Court to give sworn evidence about what they saw or heard.
  It is ok if you don’t have any witnesses other than yourself as the Court knows that family violence often occurs behind closed doors.

What happens after the Applicant lodges their Further and Better Particulars?

Once the Applicant lodges their Further and Better Particulars, the Respondent is given the opportunity to respond and challenge what the Applicant has provided. The Court will nominate a date that the Respondent’s reply needs to be completed by.

While the Applicant can view the Respondent’s Response to Further and Better Particulars, they are not given an opportunity to respond until the Contested Hearing.

How do I access the Respondents reply to my Further and Better Particulars?

You can request a copy of the Respondents Response by contacting the relevant court either in person, by phone or by email. Further and Better Particulars are not automatically provided to you and often you will need to request these through the court.

Can the Emma House Legal Program help with my Further and Better Particulars?

Yes. If you would like a solicitor to review your Further and Better Particulars, please prepare a draft document as best you can and email it through to legal@safvcentre.org.au at least one week before the filing deadline.
More Information:

• Further and Better Particulars Template
• Further and Better Particulars Information Sheet

Important: Information does not constitute legal advice, it is not intended as a substitute for legal advice and should not be relied on as such. You should seek legal advice in relation to your individual circumstances and any particular matters you may have.