Preparing for the hearing (defendant)

If you have opposed the AVO application, you need to get legal advice. You may also want to get a lawyer to represent you at the hearing. You don't have to have a lawyer when you go to court. However, hearings are complicated and stressful. If you are going to represent yourself at the hearing, you should get some legal advice about how to best do this.

The applicant may have been ordered to file their statement and witness statements with the court registry or to serve them on you.

If the statements are filed with the court registry, you are responsible for getting a copy of the statements from the Court. 

You should read the statements carefully.

While you are reading the statements, you should make notes about:

• what facts the applicant is trying to prove
  
• any inconsistencies in their evidence
  
• anything that you disagree with.
  

If the applicant doesn’t file and serve their witness statements by the date ordered by the Court, you should tell the Court at the next mention.

The Court may:

• not allow them to rely on late statements
  
• adjourn or delay the hearing, or
  
• decide to dismiss the application for an Apprehended Violence Order. 
  

You should gather all the evidence you want to use to defend your case as soon as possible.

You can use all sorts of evidence at the hearing, including:

• Photographs
  
• Diagrams
  
• In Car Video (ICV), and
  
• closed circuit television (CCTV) footage.
  

Follow any directions to prepare, file and serve written statements of yourself and any other witnesses. You should do this even if the Applicant hasn’t followed directions to file and serve their witness statements.

For more information, including instructions on how to prepare your statement and to see a sample statement, see Written statements and evidence (defendant)​.

If the applicant files their statements late after you have already filed your statements, you may be able to file an amended statement or another statement. If you think you want to do this, you should get legal advice.

A subpoena is a court order that requires a person (or organisation) to:

• bring documents to court
  
• attend court to give evidence, or 
  
• both.
  

You may want to issue a subpoena if you need documents or other evidence for your case, or you want to make sure that a witness attends to court.

Children may give evidence in AVO cases, however courts try to avoid this unless it is in the interests of justice. When a child gives evidence the Court may be closed and everyone not involved in the case will have to leave the courtroom. A child may also be able to give evidence from a recording or using closed-circuit television.

If you are under 16 years of age or your child (who is under 16) is asked to give evidence, you should get legal advice.

If you want a child who is under 16 to give evidence, you should also get legal advice. 

You will need to take the following with you to the hearing:

• the application for an AVO and any Provisional or Interim AVO
  
• copies of your witness statements and evidence
  
• copies of the applicant's witness statements and evidence
  
• your notes for speaking to the Court
  
• a notebook and pen to make notes during the hearing
  
• highlighters and post-it notes to mark important information
  
• your witnesses.
  

Make sure all your documents and evidence are organised and clearly marked so they are easy to find. 

You should take the original and three copies of any documents you intend to show the Court. The Court will keep the original. You will need to give one copy to the applicant, keep one for your records and have a spare.

Before the hearing date, you should prepare an outline of your case, including:

• a brief overview of the circumstances which led to the application for an AVO
• the witnesses, documents, photographs and other evidence that support your case
• which of the applicant's witness statements you dispute or disagree with, and why.

You should also prepare for cross-examination of the applicant’s witnesses.

Checklist: Preparing questions for cross-examination (defendant) (PDF, 119 kb)

Having notes will stop you from forgetting anything important.

If you are nervous about speaking to the Magistrate, you can write what you would like to say in a letter and hand it up to the Magistrate. The Magistrate may ask you questions about the information you have included in the letter.

You could practice speaking to the Magistrate with one of your friends or relatives.

You could also go to a Local Court and watch some hearings. If you call the court, you can find out the dates and times that hearings are held. Courts are open to the public (except if a case involves a child) and you can sit in the public area at the back of any court and watch. ​