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.
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…
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…
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…
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…
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…
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…
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…
The Cost
Sacha handles both uncontested and contested DVO matters on a fixed fee: DVO application — $2,500 — covers the application, affidavit, mentions, and an uncontested final order (including consent orders) DVO contested hearing — $4,800 — 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…