If you have to go to court for a Domestic Violence Order, you can get legal adviceACTNSWNTQldSATasVicWA about what will happen in court.
You can also talk to a support service that helps people who have experienced domestic and family violence through the Domestic Violence Order process at court. For your local service see support at courtACTNSWNTQldSATasVicWA.
These services may be able to help you:
- understand what the conditions mean on a Domestic Violence Order
- understand what to expect at court
- plan for your safety – for example, if you’re worried about seeing the other person at court
- find other local services that can help you.
Going to court can be a slow process and you may need to go to court a few times before the case goes to a hearing.
A hearing is when both sides tell the court their story, and the court makes a final decision.
A case will only go to a hearing if the person the order is against disagrees to the order being made.
What will happen on the first day at court may depend on:
- if the case is urgent
- if the person who applied for the order turns up at court
- if the person the order is against:
- turns up at court
- has been served with (given) the application
- agrees to it being made or disagrees
- needs more time to get legal advice.
What happens at court is a bit different in each State and Territory, you can get legal adviceACTNSWNTQldSATasVicWA about what to expect.
See resources for more detailed information about what happens at court in your State or Territory.
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If the police applied for a Domestic Violence Order for you, the police will tell the court about why the order should be made for your protection. You can talk to the police about what will happen at court. Let them know if you have any concerns for your safety going to court.
You can get your own legal advice before, at or after court. This is important if you have children with the person the order is against, or if you don’t agree with the police application.
Some courts have lawyers who can give you free legal advice on the day about your case and about parenting arrangements if you have children. They are sometimes called ‘duty lawyers’. They will not take on your case as your lawyer every time you go to court. You can check with courtACTNSWNTQldSATasVicWA or court support servicesACTNSWNTQldSATasVicWA if they have duty lawyers.
You can get free legal advice from your local Legal Aid officeACTNSWNTQldSATasVicWA, Family Advocacy and Support Service or community legal centre.
You can also get help and information from your local court support serviceACTNSWNTQldSATasVicWA.
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If you applied for a Domestic Violence Order without the police’s help, a lawyer can represent you or you can represent yourself.
Some courts have lawyers who can give you free legal advice on the day about your case and about parenting arrangements if you have children. They are sometimes called ‘duty lawyers’. They will not take on your case as your lawyer every time you go to court. You can check with courtACTNSWNTQldSATasVicWA or court support serviceACTNSWNTQldSATasVicWA if they have duty lawyers.
You can get free legal advice from your local Legal Aid officeACTNSWNTQldSATasVicWA, Family Advocacy and Support Service or community legal centre. Some private lawyers offer you a free first appointment if you ask.
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If someone applied for an order against you, a lawyer can represent you or you can represent yourself.
Some courts have lawyers who can give you free legal advice on the day about your case. They are sometimes called ‘duty lawyers’. They will not take on your case as your lawyer every time you go to court. You can check with the court if they have duty lawyers.
You can get free legal advice from your local Legal Aid officeACTNSWNTQldSATasVicWA, Family Advocacy and Support Service or community legal centre. Some private lawyers offer you a free first appointment if you ask.
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If you’re worried about your safety at court, you can talk to your lawyer, support person or the court so they can help you. If you’re not sure who to contact, call your local court support serviceACTNSWNTQldSATasVicWA.
They may be able to help you make arrangements for your safety if you have experienced domestic and family violence. For example, if you don’t want to be in the same waiting area as someone else or if you need support from security.
If you’re going to court to apply for a Domestic Violence Order, and you want your address to be kept confidential, you can talk to the court staff about this.
When you go to court, you can bring a friend or family member to court as a support person if you want.
You can talk to your local court support serviceACTNSWNTQldSATasVicWA or 1800 RESPECT to help you plan for your safety.
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- Legal Aid ACT – Family Violence and Personal Protection Orders
- Domestic Violence Crisis Service – Legal Support and Advocacy
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- Crime Prevention Division (DAGJ) – Your Court Your Safety
- Department of Justice NSW – Justice Journey – see here for videos
- LawAccess NSW – Going to Court – Protected Person
- LawAccess NSW – Flow Charts
- LawAccess NSW – Going to Court – Defendants
- LawAccess NSW – Mention – includes video
- LawAccess NSW – Who’s who in the Court? – AVOs
- Legal Aid NSW – Women’s Domestic Violence Court Advocacy Services – also available in English, Korean,Dari/Farsi,Spanish,Tagalog,Thai,Vietnamese,Indonesian,Arabic,Chinese (trad) and Chinese (sim)
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- NT Courts – What happens in court?
- NT Government – Information for Defendants
- NT Government – Information for people in need of protection
- Victims of Crime NT – Core Services
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- Court Network – About Court Network
- Legal Aid Qld – How do I get a Domestic Violence Order? What happens in court?
- Legal Aid Qld – What happens at the first court appearance?
- Legal Aid Qld – What happens at the hearing?
- Legal Aid Qld – Domestic Violence Protection Order—information for applicants
- Legal Aid Qld – Someone has applied for a Domestic Violence Protection Order against me—what are my legal options?
- Legal Aid Qld – Women’s Domestic Violence Court Assistance Service / Application Assistance Program
- Qld Courts – Court Safety Form – you can fill this out before court to request extra safety measures at court
- Qld Courts – Courtroom etiquette
- Qld Law Handbook – Domestic and Family Violence – What Happens at Court?
- Queensland Government – Victim Co-ordination Program
Video
- Qld Courts – What happens in Court? – videos are also available in Auslan, Arabic, Mandarin, Persian/Farsi, Spanish, Thai and Vietnamese – transcripts also available in different languages
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- Law Handbook – Applying for an Intervention Order
- Law Handbook – When can an Intervention Order be made?
- Legal Services Commission SA – When there is an Intervention Order against you
- Legal Services Commission SA – Intervention Orders
- Victim Support Service – Women’s Domestic Violence Court Assistance Service
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- Magistrates Court – Information for applicants: Family Violence & Restraint Orders
- Magistrates Court – Information for respondents
- Safe at Home – Legal Aid for victims of Family Violence
- Victims Support Services – Court Support and Liaison Service
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- Eastern Community Legal Centre – Steps to Safety Intervention Order Process diagram – available in Arabic, Chin – Hakha, Chinese, Dinka, Punjabi
- Eastern Community Legal Centre – Steps to Safety videos – with videos about Family Violence Intervention Orders, also available with English subtitles or in Arabic, Chin- Hakha, Chinese, Dinka, Punjabi
- Legal Aid Victoria – Going to court for an Intervention Order hearing
- Magistrates’ Court of Victoria – Applying for an Intervention Order
- Magistrates’ Court of Victoria – Family Violence Intervention Orders
- Magistrates’ Court of Victoria – Police Applications
- Women’s Legal Service – Family Violence
- Court Network – About Court Network
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- Legal Aid WA – Court Procedure for FVROs
- Legal Aid WA – Representing yourself as an Applicant in a Family Violence Restraining Order
- Legal Aid WA – Interim Family Violence Restraining Order Guide
- Legal Aid WA also have free videos and step-by-step guides on Family Violence Restraining Orders through Community Online Resource Essentials (CORE). You can register for a free CORE account here
- Victims of Crime – Family Violence Service
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