Going to court (Domestic violence victims)

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.

Do I have to give evidence?

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

You can only avoid giving evidence in court proceedings for a domestic violence offence or a child assault offence if:

1. you are a member of the defendant’s family, and
2. the defendant is under 18.

If you don’t want to give evidence, you can ask the court to excuse you. If the court decides to excuse you, then it means you don’t need to give evidence.

The court may reject your request if your evidence is the only way to prove something important to the case. The court will only excuse you if:

• the offence is a minor offence
• you are asking of your own free will
• you have not been threatened or pressured by anyone, and
• your evidence is not the only way to prove something important to the case.

Oaths

As a witness, you must promise to tell the truth before giving evidence. You will be officially asked to do this by being asked to make an oath or affirmation. 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 can be charged with an offence called 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 police officer must make a DVEC recording as soon as practical after the offence has been committed. They must explain to you what a DVEC recording is and that it is your choice if you want your statement recorded or not.

It must include:

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

If the defendant is represented by a lawyer, a copy of your DVEC will be given to their lawyer.

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

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

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

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

Giving evidence in person

The court will usually be closed to the general public when you give evidence.

The only reason it wouldn’t be closed is if you or the defendant asks for it be open.

The Judge would only allow the court to be open if you want it to be open and they believe that there are special reasons for the court to be open.

In proceedings for a domestic violence offence or related AVO proceedings, you can also give evidence in a way that limits your contact with the defendant. This can include giving evidence:

• remotely, by Audio Visual Link (AVL)
• by taking steps to restrict contact with the defendant, like using screens or planned seating arrangements to limit visibility.

The prosecutor will give the court a Notice at the first court date that tells the court whether you want to give evidence in this way.

You can have a support person with you when you give evidence.

Cross-examination

If the defendant is self-represented, they are not allowed to directly ask you questions. The Judge 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 that the defendant gives them during cross-examination.

During cross-examination, you should:

• listen carefully and think about each question before you answer
• ask for a question to be repeated if you don't understand it
• Say “I don’t know”, if you don't know the answer to a question
• speak loudly, clearly and slowly
• give exact details. For example if someone swore, you should tell the Judge the words that they used.
• try not to get angry, even if the questions seem 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.

If your answer to a question might prove that you have committed an offence, it is very important that you object before you answer the question. The court must then determine if 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 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:

• Call the Domestic Violence Legal Advice Line on 1800 810 784
• See Domestic Violence Legal Service on the Women’s Legal Service website.

Support after court

DV notify

DV notify is a new service the NSW government is trialling. It informs victim-survivors of domestic and family violence when the perpetrator is released from custody.

Under this new service, a victim-survivor is sent an automatic text message or email when the perpetrator is released from custody. They will also be sent details about support services they can access to help them plan for their safety and provide long-term support.

The service is currently operating in three locations: Liverpool police area command, Manning-Great Lakes police district and Orana mid-western police district. You will only be contacted if:

• you are over 18 years old
• you have been identified as a victim-survivor
• the offence occurred in a trial site
• the police have been given your phone number or email address and you have joined the victims register.

For more information and a short video about how this works, visit DV Notify on the NSW Government website.

Last updated: January 2026