Presenting your case at hearing - Step by step guide

You can use the following step by step guide to assist you if you are representing yourself. If someone is representing you, this step by step guide can help you understand what happens before the hearing and during the hearing.

​ Presenting your case at the hearing - Step by step guide

Step 1: B​​efore the hearing

Even though your case may be listed at a certain time, it is a good idea to try to get to court half an hour earlier so that you can find out what courtroom your case is in. If you think you are going to be late, you should ring the court registry and let them know. If you are not there the court can decide your case without you.

There are often many cases listed on the same day and you may have to wait until your name is called. You can take a seat in the courtroom or if the courtroom is full you can wait outside. Don't forget to turn off your mobile phone before going into the courtroom. Make sure you do not leave the court building and are close enough to the courtroom to hear your name called.

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

It is possible that you could be at court for a few hours, and sometimes for most of the day, so you should make arrangements with your work or childcare if necessary.

Before the hearing starts, or sometime during the hearing but before it finishes, you can:

• consent (agree) to the AVO without admissions. This means you agree to the terms of the AVO but you do not admit that you have done anything wrong. If you consent, a Final AVO will be made and there will be no need to go ahead with the hearing.
• offer undertakings (formal promise). This means you agree not to do the things listed in the AVO. The terms of the undertakings are put in writing and placed on the court file. Undertakings are not the same as an AVO. They can't be enforced if you breach the terms of the undertaking.

Step 2: What to do an​d say in the court room

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. Do not 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'. You should stand and bow when the magistrate enters or leaves the courtroom.

You should 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.

For more information, see Who's who in court.

Step 3: Adjourn​ments

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

If​ the person in need of protection does not go to the hearing, the magistrate may adjourn the hearing or they may dismiss the application.

If you do not go to the hearing, and you have not asked for an adjournment, the magistrate may adjourn the hearing or they may go ahead and run the hearing without you being there.

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 needed the adjournment.

For more information, see Costs in Apprehended Violence Order cases.

Step 4: The ​hearing

When the magistrate sits down, he or she will make sure that all of the parties are present in the courtroom.

The magistrate would have read any statements that were filed at the court registry by you and the applicant. The magistrate will then want to hear the rest of the evidence in the case.

For more information, see Arguing your case.

Step 5: The de​cision

After hearing the evidence the magistrate will usually make a decision straight away. Sometimes the magistrate may want to take a short break or the decision will be 'reserved'. This means that a decision is not given on the day of the hearing and the court will contact you when the decision has been made or you will be given another date to come back to court for the decision to be given.

The magistrate will give reasons for his or her decision.

A magistrate will only make a Final AVO if it is satisfied on the 'balance of probabilities' (that it is more likely than not that your claim is true) that:

• the protected person fears that you will be violent towards them, harass them or intimidate or stalk them, and
• the fear is based on reasonable grounds

For more information, see The decision.