In family violence proceedings, there are multiple stages at which evidence can be given in support of an application for a family violence order.
The first stage is when someone makes an application for a family violence order. The evidence set out in your application is directed to supporting why an interim family violence order is necessary. Once filed, the application is typically listed before a Registrar of the Magistrates’ Court for consideration. This is called an interim hearing.
If the Registrar has any questions about your evidence or application, you may need to provide additional evidence at the interim hearing.
As the matter progresses, an application for a final family violence order will be listed for directions. At the directions hearing, orders will be made for both the applicant and the respondent to provide further evidence in support of (or to defend) the application. For the applicant, you will prepare a timeline and chronology of events. The respondent will prepare a notice of grounds of defence.
Directions will likely also be made for each party to issue subpoenas to produce documents; or subpoenas for a witness to attend Court to give evidence.
Subpoenas can be useful to obtain objective evidence from third parties, for example in family violence proceedings involving children, you may wish to issue a subpoena to the children’s school or extracurricular activity provider (as long as they will likely have relevant information).
You may also consider issuing a subpoena to child protection services or a psychologist. This information is highly sensitive and attracts additional protection under certain pieces of legislation in the ACT, including the Evidence (Miscellaneous Provisions) Act 1991 (ACT) and the Children and Young People Act 2008 (Cth). The process for obtaining the release of this sensitive information can be costly and complex, however in certain cases, it can be highly relevant to support an application for a final family violence order.
The final stage at which you give evidence during a family violence proceeding is the final hearing. At the final hearing, an applicant will first give their evidence and then can be cross-examined about their evidence (usually by the respondent’s solicitor or barrister). Similarly, the respondent then has an opportunity to give evidence and then can be cross-examined by a solicitor or barrister on behalf of the applicant.
If you are considering making an application for sensitive information in support of your application, or if you want support at any stage of your family violence proceedings about giving evidence or the kind of evidence you should collate, we recommend that you speak to a specialist family lawyer to assist you.
To arrange an appointment with one of our family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or email at info@rmfamilylaw.com.au, or get started now online.