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Going to court (Domestic violence victims)

Information about what happens if you have to go to court to give evidence as the victim of domestic or family violence.

Safety at court

All women and children can access the Women’s Domestic Violence Court Advocacy Program (WDVCAP). WDVCAP operates at most courts and usually provides a safe room where women can wait while they are court.

For more information, see Women's Domestic Violence Court Advocacy Program.

Objecting to giving evidence

You can be compelled to give evidence even if you are a spouse, de facto partner, parent or child of the defendant.

You can’t object to giving evidence in proceedings for a domestic violence offence or for a child assault offence because you are a member of the defendant’s family, unless the defendant is under the age of 18 years.

However, you can ask the Court to excuse you from giving evidence, and you won’t be compellable, if the Court is satisfied that:

  • your application is made freely and independently of threat or any other improper influence by any person, and
  • your evidence is relatively unimportant to the case to establish certain facts, or there is other evidence available to establish those facts, and
  • the offence is a minor offence.

Oaths

As a witness, you must take an oath or make an affirmation before giving evidence. If you refuse to answer questions, this is contempt in the face of the Court.

If you need an interpreter, your interpreter must also take an oath or make an affirmation before interpreting for you.

An oath or affirm is a promise to tell the truth.

Example of oath and affirmation by witness

I swear by Almighty God that the evidence I shall give will be the truth, the whole truth and nothing but the truth.
I solemnly and sincerely declare and affirm that the evidence I shall give will be the truth, the whole truth and nothing but the truth.

While you are giving evidence, you must answer all questions put to you and tell the truth. If you are asked questions about something that may prove that you have committed an offence, you can object.

If you lie on oath, you may be charged with the offence of perjury. The maximum penalty for this offence is 10 years imprisonment.

Recorded evidence

Police can take your victim statement by video or audio recording and use this recording as all or part of your evidence in chief. This recording is called the Domestic Violence Evidence in Chief (DVEC) recording.  

A DVEC must be made by a police officer with your informed consent as soon as practicable after the offence has been committed.

It must include:

  • your age
  • a statement that you have told the truth.

If the defendant is represented, a copy of your DVEC will be served on their lawyer.

If the defendant is not represented, the defendant will only be served with an audio copy of your DVEC. The defendant will be given an opportunity to view the full video at a police station.

If the police use the DVEC as your evidence in chief, they don’t need to get your consent (permission) to play the recording at court.

You will still be cross-examined about your evidence, either in the courtroom or by alternative means.

A DVEC can also be sued in committal and summary proceedings instead of a written statement.

Giving evidence in person

The court will be closed to the general public when you give evidence unless a party requests that the court be open and:

  • the Magistrate is satisfied that there are special reasons in the interests of justice, or
  • you agree to giving evidence in open court.

In proceedings for a domestic violence offence, or related AVO proceedings, you can give evidence by alternative means, including:

  • remotely, by Audio Visual Link (AVL)
  • using arrangements made to restrict contact, including visual contact such as use of screens or planned seating arrangements.

The prosecutor will give the court a Notice at the first court date that tells the court whether you want to give evidence by alternative means.

You are entitled to have a support person present when giving evidence.

Cross-examination

If the defendant is self-represented, they are not allowed to directly ask you questions, regardless of how you give evidence. The Magistrate will appoint a suitable person to ask the questions on behalf of the Defendant. This might be someone from the court staff or a Justice of the Peace. The person is known as a Court Appointed Questioner (questioner).

The questioner is not a lawyer for the defendant. They won’t give the defendant legal advice or represent the defendant in the case. They will only ask you the questions the defendant gives to them during cross-examination.

During cross-examination, you should:

  • listen carefully and think about each question before you answer
  • ask that a question be repeated if you don't understand it
  • admit if you don't know the answer to a question
  • speak loudly, clearly and slowly
  • give exact details, for example if the person swore tell the Magistrate the words that were used
  • try not to get angry, even if the defendant's solicitor seems to be rude or aggressive
  • ask for a break if you get upset.

Privilege against self-incrimination

You can object to giving evidence if it may prove that you have committed an offence. You can raise this objection in criminal proceedings or standalone AVO proceedings. You should do this if you lied to the police when giving your statement.

You need to object before you give an answer to a question that might incriminate you. The Court must then determine whether, on the balance of probabilities, meaning it is more likely than not, that there are reasonable grounds for your objection.

Support at court

Legal Aid NSW provides free legal advice, duty services, and representation to people experiencing domestic and family violence. We also help at some courts and tribunals across NSW.

If you have a legal question, start with our team at LawAccess NSW. LawAccess NSW information officers can give you legal information, help you plan your next step and connect you with services that can help you. Start a chat using our website’s web chat function or call 1300 888 529 from 9am to 5pm, Monday to Friday (excluding public holidays).

Women’s Legal Service NSW

The Women’s Legal Service NSW provides legal advice, assistance, representation, and referrals to women experiencing domestic and family violence in NSW.

For more information: