Written statements and evidence (defendant)

Preparing your written statements and gathering your evidence

If you don't agree to an Apprehended Violence Order (AVO), the Court will make directions (orders) for statements to be filed and served to prepare for the hearing.

If you are representing yourself, you will need to prepare your written statements and gather any other evidence that supports your case.

There may be different types of evidence you can use to defend yourself depending on what facts are in the AVO application.

While preparing your evidence, it is important to keep in mind what the applicant must prove to get an AVO.  

If you are unsure what evidence you can use to defend your case, you should get legal advice.

What the applicant must prove

The applicant must prove to the Court that there are circumstances for it to make an AVO. 

When you are preparing your written statements and other evidence, it is important to keep in mind what the applicant must prove for the Court to make an AVO. 

Apprehended Domestic Violence Order (ADVO)

To get an ADVO, the applicant must prove that they, or the protected person, is fearful you will:

• commit a domestic violence offence against them
  
• intimidate them or a person with whom they have a domestic relationship, or
  
• stalk them.
  

This is a 'subjective test' - it is based on what the protected person actually feels.

They must also prove that the protected person fear is based on reasonable grounds. This is an 'objective test' – it is based on what a reasonable person in the protected person's situation would feel.

The applicant doesn't need to prove that you have been violent to get an ADVO. 

The applicant doesn’t need to prove that the protected person fears you if the protected person:

• is a child
  
• is a person of appreciably below average intelligence functioning
  
• has reasonable grounds to fear a domestic violence offence
  
• has been the victim of a personal violence offence committed by you on more than one occasion, and there is a reasonable likelihood that you will commit a further personal violence offence against the protected person, and the AVO is necessary to protect them.
  

An ADVO that is made in these circumstances can only contain the mandatory orders. For more information, see Types of AVOs.

Apprehended Personal Violence Order (APVO)

To get an APVO, the applicant must prove that they, or the protected person, is fearful you will:

• commit a personal violence offence against them
  
• intimidate them, or
  
• stalk them.
  

This is a 'subjective test' - it is based on what the protected person actually feels.

They must also prove that the protected person fear is based on reasonable grounds. This is an 'objective test' – it is based on what a reasonable person in the protected person's situation would feel.

The applicant doesn't need to prove that you have been violent to get an APVO. 

The applicant doesn’t need to prove that the protected person fears you if the protected person is:

• is a child
  
• is a person of appreciably below average intelligence functioning.

What evidence do I need?

Your evidence is what you use to prove the facts in your case. 

There may be different types of evidence you can use to defend yourself depending on the circumstances of your case, such as:

• written statements
  
• documents, such as copies of emails or text messages
  
• photographs or videos.
  

To identify what evidence you need, you first need to review the applicant’s evidence to identify what facts the applicant is trying to prove.

Your evidence should challenge the facts that the applicant is trying to prove. Where possible, you should try to find evidence that:

• contradicts the applicant’s evidence
  
• highlights the inconsistencies in the applicant’s evidence
  
• undermines the applicant’s evidence.
  

Check the Uniform Civil Procedure Rules 2005 before using a generative artificial intelligence (AI) program such as ChatGPT to prepare documents for the Local, District or Supreme Court of NSW. These Rules permit AI use in some documents, such as submissions or reports, but you must include a statement that all citations, legal authorities and case law referred to exist and are accurate and relevant to the proceedings. The District Court and the Supreme Court also have Practice Notes which permit AI use for some types of documents, such as chronologies and indexes.

Under the Rules, you must not use AI in your affidavit or witness statement, and these documents must include a statement that AI was not used to generate the content. You must not put any confidential information about your matter into an AI program.  If you are unsure or feel the Court should let you use AI due to exceptional circumstances, get legal advice.

Written statements

Usually, the court will make directions (orders) for the applicant to file and serve their statements first. They will usually be given no more than two weeks to do this.

You will then have to file and serve your statements. You will usually be given another two weeks to do this.

Your statement and your witnesses' statements are very important. In your statement you should include:

• information about you and the protected person
  
• the incident or incidents
  
• your response to the protected person's statement, and 
  
• how you feel about the protected person.
  

Your witness statements can be written by somebody who saw or heard something that supports your case, for example, a person who:

• knows both you and the protected person
  
• has seen the protected person act violently towards you
  
• can describe how you and the protected person behaved towards one another.
  

 Sample: Witness statement - Defendant (PDF, 141KB).

These statements must include all of the evidence you want to give to the court. You and your witnesses won’t be able to give any more evidence at the hearing, unless you are given permission by the court. You will only be able to be cross examined at the hearing (asked questions by the applicant).

While you are preparing your witness statement, you should also gather supporting evidence to attach to your witness statement.

Your supporting evidence could include:

• hospital records
  
• doctor's reports
  
• police incident reports
  
• photographs
  
• copies of emails
  
• copies of text messages
  
• comments on social media, such as Facebook and twitter.
  

To get a copy of this information you may need to issue a subpoena, a court order that makes someone give documents to the court or come to court to give evidence, or apply to the police for a Police Incident Report.

Subpoenas

If you need documents or other evidence for your case, or you want to make sure that a witness is going to come to court, you can issue a subpoena.

There are three types of subpoenas:

• Subpoena for production - this court order that requires a person to produce documents
  
• Subpoena to give evidence - this court order that requires a person to attend a hearing to give evidence. You would use this form to get a witness to attend the hearing.
  
• Subpoena for production and to give evidence - this court order that requires a person to produce documents and attend a hearing to give evidence. You would use this form if you wanted someone to produce documents and give evidence at the hearing.
  

You need one form for each subpoena.

For more information, see Apply for a subpoena in your AVO case (defendant).

Informal Access Application

If the police were called to any incident involving you and the protected person, you  may be able to get a copy of the Police Incident Report or a summary of the incident from the NSW Police.

You will need to fill out an Informal Access Application form. There is no fee for this application. You can get a copy of the form from the NSW Police Force website.

You should then complete the application and send it to:

NSW Police 
Information Access and Subpoena Unit 
Locked Bag 5102 
Parramatta NSW 2124

Don't forget to keep copies of everything that you file and serve on the applicant. You should also make a note of the date that you filed, posted or delivered any documents.

If you are unsure about what evidence you need, you should get legal advice. 

Documents

Last updated: September 2026