Giving Evidence

When you make an application for an Intervention Order, you may have to give evidence before the Magistrate. Here is the process:

  1. The Magistrate will ask you to step into the witness box and remain standing.
  2. The Magistrate will ask the Court clerk to swear you in. You will be asked if you want to take a religious oath, which means swearing to tell the truth on the Bible or other religious text, or a non-religious affirmation, which is a promise to the Court that you will tell the truth.
  3. The clerk will ask you to tell the Court your full name and occupation. You will then be asked to sit down.
  4. The Magistrate, or a lawyer if you have one, will then ask you questions about the information you have included in your application.
  5. The Magistrate will excuse you from the witness box, meaning you can return to your seat.

If you are giving evidence in a contested hearing:

  1. The Magistrate will ask you to step into the witness box and remain standing.
  2. The Magistrate will ask the Court clerk to swear you in. You will be asked if you want to take a religious oath, which means swearing to tell the truth on the Bible or other religious text, or a non-religious affirmation, which is a promise to the Court that you will tell the truth.
  3. The clerk will ask you to tell the Court your full name and occupation. You will then be asked to sit down.
  4. Your lawyer will ask you questions about the information in your application.
  5. The Respondent’s lawyer will ask you questions about the information you have provided to the Court.
  6. Your lawyer can ask you further questions.
  7. When questioning is complete, the Magistrate will excuse you from the witness box. You return to your seat.

NOTE: If you do not want to see the Respondent while giving evidence, there are a number of options available (These options differ across all courts. Ask the registrar what is available at the court you are attending):

  1. A screen can be set up in Court so you won’t have to see the Respondent.
  2. You can give evidence via a remote witness room with a video link into the Court.
  3. You can give evidence via a video link from another location.

NOTE: The respondent cannot ask you questions directly; they must have a lawyer, who asks questions on their behalf.

This page was last updated: 
Thursday, November 19, 2015 - 11:22