Challenging a Protection Order
Going to court
What happens at a court hearing?
If you challenge a temporary Protection Order or an “on notice” application, both you and the applicant (the person who applied) will need to appear in the Family Court for a court hearing.
You, the applicant, and any other witnesses will give evidence and can be cross-examined (questioned by the lawyer for the other side). The judge will consider both sides and then decide whether to grant the Protection Order.
Who will be at the hearing?
Family Violence Act 2018, s 170
The Family Court is closed to the public. Only you, the applicant, the applicant’s support people, witnesses, and the judge and court staff will be at the hearing.
The applicant can take a friend or family member to support them in court, but this person isn’t entitled to be heard by the court (unless they’re also a witness). The court can also decide at any time to exclude a witness or support person from the hearing.
