What Happens at
a DVO Hearing?
If you have applied for a domestic violence order — or have been served with one — the matter will go through several court appearances before a final order is made. This page explains what happens at each stage, what the different outcomes are, and what protections are in place if you are giving evidence. Understanding the process in advance makes a significant difference. Knowing what will happen, and when, reduces the anxiety of going to court. If you are the respondent at this hearing, you will be cross-examined and you can call your own evidence. See defending a DVO or DV charge in Cairns before deciding whether to contest.
The First Mention
After the DVO application is filed, the matter is listed for a first mention at the Magistrates Court . This is not a hearing — no evidence is given. It is an administrative appearance where the court checks whether the respondent has been served and what the respondent's position is. Three things can happen at a first mention: The respondent consents. The respondent agrees to a final DVO being made. This does not mean the respondent admits to the allegations — under section 51 of the Domestic and Family Violence Protection Act 2012 , the court can make a consent order whether or not the respondent admits to the particulars. The matter is finalised on the spot. The respondent does not appear. If the respondent has been served but does not attend, the court can hear and decide the application in their absence (section 39). In most cases, the order is made. The respondent opposes. The matter is adjourned to a later date for a contested hearing. A temporary protection order will remain in place (or be made) to protect you in the meantime. If the respondent has not yet been served, the matter is simply adjourned. The court will usually make or extend a temporary protection order while service is attempted.
Consent Orders — How Most DVOs Are Made
The majority of DVOs are made by consent. The respondent agrees to the order, the conditions are negotiated between the parties, and the final order is made without a hearing. Consent does not mean the respondent is admitting to domestic violence. Section 51(1)(c) of the Act is clear: the court can make the order whether or not the respondent admits to any or all of the particulars. Many respondents consent to a DVO on a practical basis — to avoid a contested hearing — without making any admissions. The conditions on a consent order are negotiable. If you are the aggrieved, Sacha will discuss with you what conditions are appropriate before agreeing to any order. Common conditions include: Good behaviour (mandatory on every DVO) No contact — by any means, directly or through another person No approach — must not come within a stated distance of you, your home, or your workplace Conditions about contact with children Ouster — must leave and not return to shared premises If you are the respondent and are considering consenting, Sacha will advise on what conditions are reasonable and ensure the order does not contain conditions that are unnecessarily broad or impractical.
What Happens at a Contested Hearing
A contested hearing is a full court hearing where the Magistrate hears evidence from both sides and decides whether to make the order. A contested hearing typically involves: The aggrieved's evidence. The aggrieved adopts their affidavit (confirms it is true) and may give additional oral evidence (see What Evidence Do I Need for a DVO? for what types of evidence support an application). The respondent's lawyer can then cross-examine the aggrieved. Any other witnesses for the aggrieved. If there are supporting witnesses — family members, neighbours, counsellors — they give evidence and can be cross-examined. The respondent's evidence. The respondent may choose to give evidence. If they do, the aggrieved's lawyer can cross-examine them. Any other witnesses for the respondent. Submissions. Both lawyers make legal submissions about whether the test under section 37 is satisfied. Decision. The Magistrate decides whether to make the order and, if so, what conditions and for how long. The standard of proof is the civil standard — the balance of probabilities. The court does not need to be satisfied beyond reasonable doubt. The court is not bound by the rules of evidence (section 145). It can inform itself in any way it considers appropriate. This means the process is less formal than a criminal trial, though it is still a serious court proceeding.
Protections for Witnesses
The Act contains specific protections for people giving evidence in DVO proceedings. If you are the aggrieved, a child, or a relative or associate of the aggrieved named in the application, you are a "protected witness" under section 150. The court must consider making orders to protect you while you give evidence. These include: Screens — a screen or one-way glass placed so you cannot see the respondent while you give evidence Separate room — you give evidence from a room outside the courtroom, with the evidence transmitted by audio-visual link Respondent removed — the respondent is held in a separate room and watches the evidence by video link Support person — you can be accompanied by a person approved by the court to provide emotional support These are not things you need to ask for — the court is required to consider them. Sacha will make the appropriate application before the hearing begins. You are also entitled to have a support person with you throughout the entire proceeding — not only while giving evidence (section 158(3)).
Cross-Examination
If the respondent is not represented by a lawyer, the court can order that the respondent may not cross-examine you in person (section 151). The court must make this order if the protected witness is a child. For adult witnesses, the court will make the order if it is satisfied that cross-examination by the respondent in person is likely to cause emotional harm or distress, or would be so intimidating as to disadvantage you as a witness. If the respondent is represented by a lawyer, the lawyer conducts the cross-examination — not the respondent directly. Cross-examination by a lawyer is a normal part of a contested hearing and is managed by the Magistrate. Sacha will prepare you for cross-examination before the hearing. You will know what questions to expect and how to respond. Being prepared makes a real difference to how the hearing goes.
The Courtroom Is Closed
DVO hearings are not open to the public. Under section 158 of the Act, a court hearing a DVO application is closed — members of the public cannot sit in and watch. There are also strict limits on what can be published. Under section 159, it is an offence to publish information that identifies or is likely to lead to the identification of a party or witness in a DVO proceeding. This applies to names, photos, and any identifying details. These protections mean that the details of your matter cannot be published in the media or online, and the hearing itself is not open to the public. Your matter may still appear on the court list at the courthouse — but no one can publish identifying information beyond that.
How Long Does a Hearing Take?
Most DVO matters are resolved at the first or second mention — either by consent or in the respondent's absence. These appearances are usually brief: 10 to 20 minutes. A contested hearing is longer. Depending on the number of witnesses and the complexity of the issues, a contested DVO hearing typically takes half a day to a full day. In more complex matters — particularly those involving cross-applications or multiple incidents — the hearing may run over two days. From filing to final order, the total timeframe depends on whether the matter is contested: Uncontested: Often finalised within 4 to 8 weeks of filing Contested: Typically 3 to 6 months from filing to hearing, depending on the court's list and whether the matter is adjourned A temporary protection order will be in place for the entire period. There is no gap in protection while you wait for a hearing date.
The Cost
Sacha handles both uncontested and contested DVO matters on a fixed fee: DVO application — $3,300 — covers the application, affidavit, mentions, and an uncontested final order (including consent orders) DVO contested hearing — $5,800 — covers everything above plus full preparation and representation at a contested hearing If the matter resolves by consent at the first mention, the fee is the application fee only. If it proceeds to a contested hearing, the contested hearing fee covers all additional preparation and the hearing itself.
Frequently Asked Questions
Do I have to see the respondent at court?
Not necessarily. For mentions, Sacha can attend on your behalf so you do not need to be at court at all. For contested hearings, the court can order screens, separate rooms, or audio-visual links so you do not see the respondent while giving evidence. You are also entitled to a support person throughout.
Can the respondent consent without admitting the allegations?
Yes. Under section 51 of the Act, the court can make a DVO by consent whether or not the respondent admits to the particulars. Many DVOs are made on this basis — the respondent agrees to the order without making any admissions about what happened.
What if the respondent does not come to court?
If the respondent has been served with the application but does not appear, the court can hear and decide the application in their absence. In most cases, the order will be made. The respondent's absence does not stop the process.
Is a DVO hearing like a criminal trial?
No. DVO proceedings are civil, not criminal. The standard of proof is the balance of probabilities — not beyond reasonable doubt. The court is not bound by the rules of evidence and can inform itself in any way it considers appropriate. It is less formal than a criminal trial, but it is still a serious proceeding with real consequences.
Can the respondent cross-examine me directly?
If the respondent has a lawyer, the lawyer conducts the cross-examination. If the respondent is unrepresented, the court can order that the respondent may not cross-examine you in person if it would cause emotional harm or distress. For children, the court must make that order.
Is the hearing public?
No. DVO hearings are closed to the public. It is also an offence to publish information that identifies or is likely to identify a party or witness in a DVO proceeding.
How long does the whole process take?
If the matter is uncontested, it can be finalised within 4 to 8 weeks of filing. If contested, the hearing is typically 3 to 6 months after filing, depending on the court's list. A temporary protection order stays in place throughout.
What if I change my mind after applying?
You can withdraw the application. If you are thinking about withdrawing, speak to Sacha first. There may be options you have not considered, and there are situations where withdrawing can affect your safety or any related criminal proceedings.