It depends on the court, but safety arrangements may include:
• Family Court of Australia – Request to attend by electronic communication
• Federal Circuit Court – Telephone/Video link attendance request
• Family Court of Western Australia – Attending by phone or video link
All States and Territories except Western Australia
If you are worried about your safety at court, you can contact the Family Courts National Enquiry Centre through their live chat:
Otherwise, you can phone the National Enquiry Centre on 1300 352 000 or email enquiries@familylawcourts.gov.au.
It is best if you can contact them at least 5 days before you have to go to court so they can make a safety plan for you.
You can also contact your Family Advocacy and Support Service for help with your safety at the Family Courts.
Western Australia
If you are in Western Australia, call the Family Law Court WA Call Centre on (08) 9224 8222 or 1800 199 228 at least 2 weeks before you have to go to court.
You can put your concerns in writing to the court using their example letter.
You can also contact your Family Advocacy and Support Service for help with your safety at the Family Courts.
All States and Territories except Western Australia
If you are worried about your safety at court, you can contact the Family Courts National Enquiry Centre through their live chat:
Otherwise, you can phone the National Enquiry Centre on 1300 352 000 or email enquiries@familylawcourts.gov.au.
It is best if you can contact them at least 5 days before you have to go to court so they can make a safety plan for you.
You can also contact your Family Advocacy and Support Service for help with your safety at the Family Courts.
Western Australia
If you are in Western Australia, call the Family Law Court WA Call Centre on (08) 9224 8222 or 1800 199 228 at least 2 weeks before you have to go to court.
You can put your concerns in writing to the court using their example letter.
You can also contact your Family Advocacy and Support Service for help with your safety at the Family Courts.
You will have to give evidence in your case if it goes to a final hearing.
Giving evidence involves you telling your story to the court, and the other person or their lawyer asking you questions about your story.
Before you give evidence, you are asked to swear or affirm to the court that you will tell the truth.
Giving evidence can be an overwhelming experience.
You might feel scared, stressed or worried about:
See if someone like a friend or family member can go to court with you to provide support.
Before court, try to get enough rest and eat well.
Learn relaxation or breathing techniques to help you stay calm.
Talk to your lawyer or your Family Advocacy and Support Service before the hearing. They can tell you what to expect at court and help with your safety at court.
Also see getting a safety plan.
If you have experienced domestic and family violence, the court may make orders or put things in place to safeguard you while you give evidence in a hearing. For example, the court may:
Allow you to give evidence through a video link so you are in a different room or location to the other person.
Make the other person watch and hear the proceedings through a video link in a different room or location while you give evidence.
Require the other person to be shielded from view while you give evidence.
Stop a person from asking you offensive or abusive questions.
Make orders to limit or stop a person from cross-examining you.
Allow you to have a support person or animal near you while you give evidence.
Close the court to the public.
Exclude certain people from the courtroom.
It’s a good idea to discuss these options with your lawyer or your Family Advocacy and Support Service before the hearing.
- Listen carefully to the questions.
- Don’t try to guess the reason behind the questions, just focus on telling the truth and answer honestly.
- Don’t be afraid to say you don’t know if you really don’t.
- If you don’t understand a question just say so or ask for it to be said again.
- If you can’t remember say that you do not remember.
- If you don’t agree with something that is suggested to you, it is important that you say so.
- Speak loudly, clearly and slowly.
- If you are giving evidence about a conversation, try to use the words that were said, like reading a movie script. For example – if you said “Give that back” then the right way to give this evidence is to say, “I said, ‘Give that back,”’ not “I told him to give it back.”
- The other person or their lawyer may say things that are upsetting or difficult to hear. They may accuse you of lying or being mistaken. Try not to get angry even if you feel they are being rude.
- Try to breathe evenly and stay as calm as you can.
- It is normal to feel nervous, upset or embarrassed when giving evidence. If you need to have a break, ask the Judge.
Your safety is important.
If you are scared, intimidated or threatened while you are at court, you should let your lawyer or the court staff know.
Also see getting a safety plan.
- Family Court of WA – Personal Safety