Your first court date: what to expect
The first date on your paperwork is a mention, not a trial. This guide explains what happens in the room, what you will be asked, and the decisions that should not be made in a hurry.
General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.
You are not usually asked to give evidence at the first mention. The court wants to know whether you agree or disagree with the application being made.
You or your lawyer must attend. If nobody appears, an order can be made in your absence, on terms you have had no say in.
Whatever happens on the day, every condition already in force continues to apply until a court changes it.
Before the day
Check the court and the time on your paperwork, and check them again the day before. Apprehended violence order matters are dealt with in the Local Court, and the Local Court sits at registries across New South Wales. The address on your document is the one to go to.
Arrive early. There is usually a queue, sometimes a security check, and a list of matters to find your name on. Being in the right room at the right time is half of what the day asks of you.
Bring every page of everything you have been served with, and bring the order itself. Bring reading glasses if you need them. Bring a pen.
Dress as you would for a job interview if you can. Nobody will comment on it, and it makes the day slightly easier to get through.
Arrange care for children rather than bringing them. A courthouse is a long and difficult day for a child, and you will not be able to give the matter your attention.
If you cannot attend because of illness or something equally serious, tell the court registry as early as you can and get advice the same day. If nobody appears, an order can be made in your absence.
What happens in the courtroom
The first date is a mention. It is short. Several matters are listed at the same time and they are called one after another, so expect to wait.
When your matter is called, you go to the bar table or stand where you are directed. The magistrate will confirm who you are. The Local Court’s own material says that the defendant will be asked whether they agree or disagree with the apprehended violence order being made.
If you agree, the order is usually made that day, and the Local Court says the defendant then attends the registry to get a copy of it. Agreeing can be done without admitting the allegations, but it is still a decision with consequences, and it should not be made because the day is long. See consent without admissions.
If you disagree, the matter is adjourned so that statements can be prepared and served, and it will be listed for a hearing later. The Local Court says the court will consider whether to make an interim order for the period of the adjournment, and that the defendant must obey it until the case is decided.
You can also ask for time. An adjournment to get legal advice is an ordinary request, particularly at a first mention, and it is much better than agreeing to something you do not understand.
What you will not be asked to do
You will not usually be asked to give evidence at a first mention, and you will not be cross-examined. Evidence comes later, at a hearing, if the matter is contested.
You do not have to explain what happened, and it is usually unwise to try. The courtroom is not the place to set out your side for the first time, and anything said in the AVO proceedings exists while any criminal charge is still to be dealt with.
You are not being sentenced. An apprehended violence order is a civil order and the court is not deciding whether you are guilty of an offence.
If there is a criminal charge as well, it may be listed on the same day. The two matters are separate and decisions about them should be made together. See related criminal charges.
The other person will be there, and other people too
The protected person may be at court, and so may police, a police prosecutor, a support worker, or a lawyer for the other side.
Do not approach the protected person, do not speak to them and do not sit near them, even if you would normally. Follow the exact conditions on your order — some orders carry express exceptions. If you are not sure what yours allows at court, ask your lawyer or court staff rather than approaching them to find out.
If they approach you, move away and tell your lawyer or a court officer. That is not rudeness, it is the only safe response.
Many courts have separate waiting areas and support services for people in these proceedings. Ask the registry or a court officer where to wait if you are unsure.
If you have no lawyer with you
Get advice before you agree to anything, even if that means asking for the matter to be put over.
Legal Aid NSW has duty services at many courts and publishes information for defendants in apprehended violence order matters, including on defending an application and on getting more help. Ask at the registry whether a duty service is available and how to be added to its list.
If English is not your first language, ask the registry about an interpreter before the day if you can. You are entitled to understand what is being said about you.
Nobody at court can be made to agree to an order on the spot. Asking for time to take advice is a normal thing to do and it is not held against you.
After the mention
Before you leave the building, make sure you know three things: what was decided, what you must do next, and the date and time you are next required at court.
If an interim order was made or continued, get a copy from the registry and read the conditions again. They may not be identical to the ones you have been living with.
If directions were made for statements, write down the dates. Those dates decide what material you are able to rely on at the hearing.
Then go home and comply with everything that is in force, including while the matter waits to be heard.
What usually happens
Confirm the court, the date and the time
From your own paperwork, the day before. Local Court matters are listed at registries across New South Wales.
Arrive early with your documents
Every page you have been served with, and the order itself. Allow time for queues and security.
Find your matter on the list and wait to be called
Several matters are listed at once. Sit where a court officer directs you, and away from the protected person.
Say whether you agree or disagree — or ask for time
An adjournment to get legal advice is an ordinary request at a first mention, and a far better outcome than agreeing to something you do not understand.
Leave knowing what was decided and what comes next
A copy of any order, the conditions, the directions, and the next date. Then comply with every condition in force.
Common questions
Do I have to attend the first court date?
You or your lawyer must attend. An order can be made in your absence if nobody appears, and the conditions made that day may be broader than the ones you would have agreed to had you been there. If you cannot attend, contact the registry and get advice immediately.
Will I have to give evidence?
Not usually at a first mention. The court is asking whether you agree or disagree with the order being made. Evidence is given later, at a hearing, if the matter is contested.
Can I ask for more time to get a lawyer?
Yes. Asking for a short adjournment to obtain legal advice is an ordinary request at a first mention. It is a much better course than agreeing to an order you have not had explained to you.
What if I agree to the order on the day?
The Local Court says that where a defendant agrees, the judicial officer will usually make the order that day, and the defendant attends the registry to get a copy. It can be done without admitting anything, but the order is real from that moment, so it deserves advice first.
Will the protected person be there?
They may be. Do not approach them, do not speak to them, and do not sit near them. If a condition prohibits contact, approaching them at court contravenes the order. Ask a court officer where to wait if you need to.
Can I bring someone with me?
A support person is usually fine in the public areas, and they can sit with you in court if there is room. Do not bring children. Do not bring anyone connected with the allegations who might be a witness.
What happens if I disagree with the application?
The matter is adjourned, directions are made for statements to be prepared and served, and it is listed for a hearing. The court will consider whether to make an interim order for the period of the adjournment, and you must obey it until the case is decided. See contested hearings.
Related
Before your court date
Tell us the court, the date, and whether an order is already in place. That is enough to start, and it is better to ask a week early than on the morning.