Going to court for an intervention order hearing

Going to court for an intervention order hearing

You will get a summons or safety notice that will tell you the date of your court hearing. A hearing is when a magistrate listens to your application for an intervention order.

The first hearing date must be within five working days after a safety notice is issued.

If there is an application and summons, the hearing date is usually about three weeks after the applicant applies for an intervention order. It may be sooner if the respondent (person who the application is against) has been arrested.

Before the hearing date

Before the hearing date, contact the court to see what time you need to be there. It's best to get there about half an hour before the first court hearing. Usually the first court hearing starts at 10 am.

We have more information on how:

At court

When you get to court, go to the counter and tell the court registrar you have arrived. The registrar sorts out the order of the hearings on the day. The registrar will ask you if you wish to see the duty lawyer. You should consider seeking legal advice. You should also consider asking to see the respondent or applicant support practitioner.

Your case may not be heard straight away. Plan to be there for the whole day.

Do not go too far away. You need to be able to hear your name being called when your case goes into court.

Going into the courtroom

At court, you may not hear your name being called if waiting in the communal area. To ensure you don't miss the court proceedings, it is a good idea to wait in the courtroom while other cases are being heard. When you enter the courtroom, make sure you bow towards the bench where the magistrate is sitting.

When your name is called, stand behind the table at the front of the court, facing the magistrate. The magistrate or clerk will tell you what to do.

Speak clearly and answer all questions you are asked. Try to stay calm, even if the other person behaves badly.

It is important to call the magistrate 'Your Honour'. You should also make sure you stand when being spoken to by the magistrate, and when you are speaking to him or her.

Court proceedings

What happens in the courtroom during an intervention order hearing depends on how the respondent chooses to respond to the intervention order. For more information see What can happen at an intervention order hearing.

The magistrate’s decision

The magistrate will make a final order if they believe that the respondent’s behaviour should be limited to protect another person. See When an intervention order is made.

If the magistrate makes a final order, they will read out the conditions and when the order will end. The applicant or person who needs protecting can ask the magistrate to make any changes. The order is then made.

The magistrate will explain the order to the respondent. They will also explain what happens if they break the conditions of the order.

Ask the magistrate to explain anything you do not understand.

Getting a copy of the order

Once the magistrate has made the final order, you can leave the courtroom. However, you must wait at the court while the final order is prepared. This can take a while.

Read the order before you leave. Ask the court staff to explain anything in the order you do not understand. Also see How intervention orders work.

Court staff will place the order on to the police database and send a copy to the police station nearest to the protected person.

Disagree with the decision

If you are unhappy with the magistrate’s decision, or if you disagree with the conditions of the order, you can appeal to the County Court.

You must appeal within 28 days of the decision. Get legal advice first.