DVO Contested Hearing Cairns — Fixed Fee
$4,800 — Fixed Fee
This page is for you if the other person is fighting the DVO application — they have filed a response saying they oppose the order, and the matter is going to a hearing where both sides give evidence. If the other person is not opposing the order (or has not responded), you likely need the uncontested application page — $2,500 instead. Covers : initial consultation, review of the application and supporting material, preparation for the contested hearing, cross-examination of witnesses, submissions, and appearance at the Cairns Magistrates Court. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial consultation to review the application, the supporting affidavit, and the alleged conduct Advice on whether to contest the application and the realistic prospects of success Review of all material filed in support of the application — affidavits, police records, and any other evidence Preparation for the contested hearing — identifying the issues, advising on your evidence, and preparing you to give evidence if required Cross-examination of the applicant and any other witnesses Closing submissions to the Magistrate on the evidence and the appropriate outcome Full appearance at the Cairns Magistrates Court throughout the hearing Post-hearing advice on the outcome, any order made, and appeal options if available
When a DVO Becomes Contested
A DVO application becomes contested when the respondent — the person the order is sought against — files a notice indicating they oppose the making of the order. The matter is then listed for a contested hearing at which both parties give evidence and the Magistrate decides whether a DVO should be made. Contested DVO hearings are heard in the Magistrates Court. They are civil proceedings — the standard of proof is the balance of probabilities, not beyond reasonable doubt. That distinction matters: the threshold for making a DVO is lower than the threshold for a criminal conviction.
Whether to Contest
Contesting a DVO application is not always the right decision. The factors that bear on whether to contest include: The strength of the applicant's evidence. Where the application is supported by detailed affidavit material, police records, and consistent witness accounts, contesting may not improve the outcome. Sacha will review the material filed before advising on prospects. The conditions sought. Where the conditions in the application are disproportionate to the alleged conduct — particularly where they would exclude you from the family home, restrict contact with children, or affect your employment — contesting may be justified even where the underlying conduct is not disputed. What a contested hearing costs against what consent achieves. Consent to a DVO does not require admission of the alleged conduct. Orders are routinely made without admissions. Where the practical outcome of consent is acceptable, the cost and uncertainty of a contested hearing may not be warranted. Sacha will give you a frank assessment at the first consultation. Your criminal matter. If a criminal charge is running alongside the DVO application — for the same incident — the criminal proceedings and the DVO hearing need to be managed carefully together. Giving evidence at a contested DVO hearing can have consequences for the criminal matter. Sacha will advise on both proceedings from the outset.
What Happens at a Contested Hearing
At a contested DVO hearing, both parties give sworn evidence before a Magistrate. The process is: The applicant's case. The applicant gives evidence in chief — typically by adopting their affidavit — and is then cross-examined by the respondent's lawyer. Any other witnesses called by the applicant give evidence and are cross-examined. The respondent's case. The respondent gives evidence and may call other witnesses. The applicant's lawyer then cross-examines. Submissions. Both lawyers make closing submissions on the evidence and the appropriate outcome. The Magistrate then decides whether a DVO should be made and, if so, on what conditions and for what duration. The hearing is conducted in the Magistrates Court in the same way as other civil hearings — it is not a criminal trial, but it is a formal proceeding where the quality of preparation and advocacy matters significantly.
What Sacha Focuses On
Every contested DVO hearing turns on the credibility and consistency of the evidence. Sacha will review the application material in detail before the hearing — identifying inconsistencies, gaps, and weaknesses in the applicant's account that are relevant to cross-examination. Where the respondent gives evidence, Sacha prepares them thoroughly — what to expect, how the process works, and how to give evidence clearly and credibly. An unprepared witness in a contested hearing is a significant disadvantage. Where the conditions sought are the real issue rather than whether a DVO should be made at all, Sacha focuses the hearing on the conditions — seeking to narrow or remove conditions that are not justified by the evidence.
FREQUENTLY ASKED QUESTIONS
Can I contest a DVO if I accept that some of the conduct occurred? Yes. You may accept that an incident occurred but contest the characterisation of it as domestic violence, contest the conditions sought, or contest the duration of the order. Contesting does not have to be all-or-nothing. Sacha will advise on the specific issues worth contesting in your matter. What if I have a criminal charge running at the same time? If a criminal charge arises from the same incident as the DVO application, giving evidence at the DVO hearing carries real risk for the criminal matter. Sacha will advise on managing both proceedings together — in some cases, the better course is to adjourn the DVO hearing until the criminal matter is resolved. What is the standard of proof at a contested DVO hearing? The balance of probabilities — the Magistrate must be satisfied that it is more likely than not that the conduct occurred and that a DVO is necessary. This is a lower threshold than beyond reasonable doubt. It means the applicant does not need to prove the conduct to criminal standard. What happens if the DVO is made against me? A DVO is a civil order, not a criminal conviction. However, breaching it is a criminal offence. A DVO can also affect firearms licences, working with children checks, certain employment, and family law proceedings. Sacha will advise on the practical consequences of an order in your circumstances. Can I appeal if the Magistrate makes the order? Yes. A DVO made by the Magistrates Court can be appealed to the District Court. The appeal must be filed within one calendar month of the date the order is made. Sacha will advise on whether an appeal is available and realistic in your case. What if the applicant does not appear on the hearing date? If the applicant does not appear, the court may dismiss the application or adjourn it. Whether the application is dismissed depends on the circumstances and whether the court considers there are good reasons for the absence. Sacha will be ready to make an application for dismissal if appropriate.