Preparing for the hearing (protected person)

Follow any directions to prepare, file and serve written statements by yourself and any other witnesses.

If you don’t follow directions to file and serve your witness statements, the Court may:

• not allow you to rely on late statements
• give the Defendant more time to respond to your statements if they are late, or
• dismiss your application for an Apprehended Violence Order (AVO).

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

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.

For more information, see Written statements and evidence.

The defendant may have been ordered to file his or her statement and any other 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.

You should make notes about anything that you disagree with.

If you think something is wrong with the defendant's statement or there is something you disagree with, 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.

You should take the following things with you to the hearing:

• your application for an AVO and any Provisional or Interim AVO
• copies of your witness statements and evidence
• copies of the defendant's witness statements and evidence
• your notes for speaking to the magistrate
• 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 defendant, 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 why you need the AVO
• the witnesses, documents, photographs and doctor's report(s) that support your case
• which of the defendant's witness statements you dispute or disagree with, and why.

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

Checklist: Preparing questions for cross-examination (protected person) (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. ​