Step by step guide - Presenting your case

You should arrive at court at least 30 minutes early. This will give you time to go through security and find your courtroom. 

If you think you are going to be late, you should ring the court registry and let them know. If you are not at court when your name is called, the Magistrate may decide your case without you.

You can find your courtroom on:

• the court lists at the courthouse
  
• the Search NSW Court and Tribunal Lists page on the NSW Online Registry.
  

For information about how to find your courtroom, you should watch the video below.

LawAccess NSW - Finding your courtroom

This video is available with the audio description​.

Once you have found your courtroom, you can take a seat in the public gallery, or, if the courtroom is full, you can wait outside. There are often many cases listed on the same day and you will have to wait until your name is called. You could be at court for just a few hours or most of the day, so you should make arrangements with your work or childcare if necessary.

If you wait outside, make sure you stay close enough to the courtroom to hear the court officer call your name. If you leave, or are not there when your name is called, your case can be decided without you.

The courtroom may be closed for morning tea (usually around 11:30am) and for lunch (usually from 1:00pm to 2:00pm). You will have to leave the courtroom during these breaks. You can check with the court officer or the registry what time the courtroom will reopen. 

Before entering the courtroom:

• remove your hat and sunglasses from your head
  
• stop eating or drinking
  
• turn your mobile phone off or put it on silent.
  

Once your case is called, you should sit at the bar table at the front of the courtroom. Get out your papers and arrange them so you can find things when you need them during the hearing. Only put items on the table that you need. Don't leave your bags on the bar table.

AVO hearings in the Local Court are held before a Magistrate.

You should:

• refer to the Magistrate as 'Your Honour'
  
• stand and bow when the Magistrate enters or leaves the courtroom
  
• stand up when speaking to the Magistrate
  
• always be polite to the Magistrate, other court staff and the other party
  
• refer to the other party or their lawyer as Mr/Ms and their surname.
  

The Magistrate will usually ask the applicant to present their case first. This will either be the police if they made the application on behalf of the protected person, or the protected person if they made the application themselves.

The Magistrate may allow you both time to:

• outline your case
  
• point out evidence that supports your case
  
• tell the Magistrate which witnesses you will call
  
• point out any parts of the other party's witness statements (if any) and evidence that you disagree with or dispute.
  

If the Magistrate doesn't allow you time to do this, they will simply direct the first witness to enter the witness box and start listening to the evidence.

Oath or affirmation

The complainant may have to stand next to the witness box and make an:

• oath (religious promise), or
  
• affirmation (non-religious promise). 
  

Both are promises to tell the truth. 

The Court Officer will read the oath or affirmation and the complainant should then respond 'I do'.

Evidence in chief

Usually, the complainant will provide their 'evidence in chief' (the evidence they want to rely on) in a written statement.

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

When the complainant gives evidence, or when the DVEC is played, the courtroom must be closed and everyone not involved in the case will have to leave the courtroom. The complainant may also be able to give evidence in other ways such as by audio visual link (AVL) or from another room.

If you are represented by a lawyer, your lawyer will cross-examine (question) the complainant.

If you are self-represented, you are not allowed to directly ask the complainant questions about their evidence. The Magistrate will appoint a suitable person from the court staff or a Justice of the Peace to ask your questions on your behalf. This person is called a Court Appointed Questioner.

The Magistrate may also hear oral evidence if they give leave (permission).

After your lawyer or a Court Appointed Questioner have cross-examined the complainant, you will also get a chance to cross-examine the applicant's other witnesses.

Tip sheet: Cross-examination

After the applicant's evidence, the Magistrate will give you a chance to give your evidence. You may have to stand next to the witness box and make an oath or affirmation. The Court Officer will read the oath or affirmation and you should respond 'I do'.

Cross-examination

If you provided your 'evidence in chief' (the evidence you want to rely on) in a written statement, you will start by being cross-examined (questioned) by the applicant. This may be the police prosecutor, if they applied for the AVO, or the protected person themselves or their lawyer, if they made a private application.

The Magistrate may also hear oral evidence if they give leave (permission).

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 applicant or the solicitor seems to be rude or aggressive
  
• ask for a break if you get upset.
  

Re-examination

If there are any issues you want to clear up that are raised in the cross-examination you may be able to give further evidence later. This is called re-examination.

You may get a chance to tell the Magistrate your version of what has happened, and why you believe the AVO is not necessary, but only if the Magistrate gives you leave (permission).

You can only give evidence about what you saw or what was said to you directly. The Magistrate may ask you questions or ask you to explain some things in more detail. The Magistrate may also ask you to move on to another point if they feel you have said enough about a certain issue or you are speaking about something that is not relevant to the case.

Although your witnesses may have prepared witness statements before the hearing, those witnesses will still have to come to court.

A court officer will bring your witness into the courtroom and take them to the witness box where they will make an oath or affirmation.

The applicant will usually cross-examine each witness.

After the cross-examination, you may have a chance to ask the witnesses any further questions. This is called 're-examination'. You should only re-examine your witness if you want to clear up issues raised in the cross-examination. 

Sometimes you or the applicant may need to ask the Magistrate to adjourn (postpone) the hearing to another date.

If​ the person in need of protection doesn't go to the hearing, the Magistrate may:

• adjourn the hearing, or
  
• dismiss the application.
  

If you don't go to the hearing, and you have not asked for an adjournment, the Magistrate may:

• adjourn the hearing, or
  
• run the hearing without you.
  

The Magistrate may not agree to an adjournment unless there is a good reason. There may be an adjournment if either you, the applicant or an important witness, have a good reason for not being able to make it to the hearing.

If the Magistrate does agree to an adjournment, they may make a costs order against the party who needs the adjournment.

For more information, see Costs in AVO cases.

Sometimes, when there is a lot of evidence or are many witnesses, the Magistrate will not be able to finish the hearing in one day. If this happens, the Magistrate will adjourn the hearing until the rest of the evidence can be heard. Depending on when the Magistrate is next available, the adjournment may be for a few weeks or for a few months.

The Magistrate will give you and the applicant instructions on when to come back to court and who should come to court on that day. In some cases, your witnesses and the applicant's witnesses will all have to come back to court for the rest of the hearing.

If the hearing is adjourned, the applicant may ask the Magistrate to make an Interim AVO to protect them until the day of the hearing.

If the Magistrate has heard all the evidence, it may then make a decision.​

After hearing the evidence, the Magistrate will either:

• make a Final AVO, or
  
• dismiss the application.
  

The Magistrate will often give their decision straight away, or after a short break. Sometimes, the Magistrate will reserve their decision and give it at a later date. The Court will contact you when the decision has been made.

The Magistrate will give reasons for their decision.

If the Magistrate makes an AVO, you must follow the orders in the AVO while it is in force. If you don’t, you may be charged with a criminal offence.

If the Magistrate dismisses the application, your case will be finished. Any provisional or interim AVOs that the Magistrate had made will no longer be in force.

For more information, see The decision.