Hearings and the Respondent
Respondents do not have to come to Court, but if they have been served with the application, the Magistrate can make a final intervention order.
If you do not know what conditions you want on your order, you can speak to a Duty Lawyer and they can help you decide. If the police took out your application, you can speak to the police prosecutor, police lawyer or the police liaison officer about what conditions you want on your order.
The Respondent can agree to have an intervention order made against them. They can consent to it without making admissions about the information in the application. If the Respondent does not agree to an order, your application will be adjourned to a future Court date, and the matter will be listed for a ‘directions hearing’. At this hearing, the lawyers and/or Magistrate will ask the parties which allegations are not agreed upon and work out how many witnesses will give evidence.
If an agreement cannot be reached, the matter will be adjourned for a ‘contested hearing’. At this hearing, all the evidence is presented to the Court (the Applicant and Respondent often bring witnesses). The Magistrate then decides whether or not to make a final intervention order.