​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

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Written statements​​ and evidence

Before you go to court you need to prepare the evidence for your case. 

    Written statemen​ts

    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 applicant.

    Alert iconYou should get legal advice about what to include in your statement.

    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.

    Icon - sample/instructionsInstructions: Instructions for preparing a witness statement 

    Icon - sample/instructionsSample: Defendant witness statements

    Alert IconThese statements must include all of the evidence you want to give to the magistrate. You and your witnesses will not 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).

    Other evidence

    You should also gather other 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.

    In order to issue a subpoena you will need to file the subpoena with the court registry. Once the subpoena has been stamped (sealed) by the registry, you will be able to serve it on (give it to) the person or organisation that you want to subpoena.

    Domestic Violence Evidence in Chief recordings

    If an Apprehended Domestic Violence Order (ADVO) is being sought, the protected person can give use an audio or video recording as their evidence in chief. This can include an interview with the police.  

    If you are unrepresented the police won’t give you a copy of the video recording, but they must serve you with a copy of the audio extract of the recording. 

    Where it is reasonably practicable, the police must give you an opportunity to view the video recording at the police station before the hearing. If they can’t, the police prosecutor must give you the opportunity to view the video recording on the day of the hearing. 

    Where possible, you should try to view the recording before the day of the hearing so that you can be fully prepared for the hearing when you go to court. 

    The police cannot use the recording as evidence if you are not given a reasonable opportunity to listen to or view the recording.

    The Court can adjourn your case for no longer than 14 days to allow you to view the recording. 

    Subpoenas

    There are three types of subpoenas:

    • Subpoena for production - this is a court order that requires a person to produce documents, for example, information from a phone company about calls or threatening text messages.
    • Subpoena to give evidence - this is a 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 is a 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 can get subpoena forms from:

    • your nearest Local Court, or
    • the Forms page on the Local Courts website.

    If you want to use a subpoena in your case there are many rules about when you can serve a subpoena and how much time the person you serve must have before they need to respond to your subpoena.

    When you serve the subpoena you must also give the person or organisation you are serving with the subpoena some money, called 'conduct money'. The amount to be given is not specified but must be reasonable. It must be enough to cover the cost of travelling to and from the Court or the cost of looking for, photocopying and sending the documents to the Court. Many organisations will have a set amount for conduct money. You should contact the organisation before serving the subpoena to make sure you provide enough conduct money.

    If you want to issue a subpoena, you should get legal advice.

    Icon - sample/instructionsSample: Subpoena for Production.

    Icon - sample/instructionsSample: Subpoena to Give Evidence.

    Icon - sample/instructionsSample: Subpoena for Production and to Give Evidence.

    Alert IconIf you need to issue a subpoena to get someone to come to court, you may want to consider whether they will actually help your case.

    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

    Hint iconDon'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.

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