Family Violence Complaint
The client has a scheduled court appearance for a Family Violence Complaint against another individual. The matter is listed for a mention at a local Magistrates' Court. This mention is a short hearing where arrangements for the progress of the case will be discussed, but no witnesses will be called. A five-minute allocation has been set for this hearing. It is important to quote the Case No. and the date of the hearing in all correspondence with the court.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the possible outcomes or orders that the magistrate can make at the mention hearing for a family violence complaint?
At the mention hearing for a family violence complaint, the magistrate can make several possible outcomes or orders. They might adjourn the case to allow further time for preparation or negotiation between the parties. The magistrate could issue interim orders to provide immediate protection to the applicant. They might also provide directions on how the case should proceed, such as scheduling a directions hearing or a contested hearing if the matter cannot be resolved. Additionally, the magistrate could encourage parties to consider mediation or another form of alternative dispute resolution if appropriate.
How should I prepare for the mention hearing, and what documents or evidence should I bring with me?
For the mention hearing, ensure you gather all relevant documents, such as any previous court orders, police reports, or communications related to the family violence complaint. While formal evidence isn't required, having these documents can assist your understanding of the case context. Prepare a brief chronology of events and any relevant notes detailing incidents. Although witnesses won't be called, consider potential witnesses for a future contested hearing. Ensure your availability for the hearing and make necessary childcare arrangements.
What rights do I have during the mention hearing, and will I have the opportunity to speak or present my side of the story?
During the mention hearing, you have the right to be present and listen to the proceedings. Although this hearing is primarily to organise the case's progression, you can express any concerns about the process. However, it is not typically an opportunity to present your side of the story in detail as no evidence is taken at this stage. If you have any particular procedural requests or need to address immediate issues, you can raise them with the magistrate.
What happens if either party fails to appear at the mention hearing, and how would it impact the case?
If you or the opposing party fail to appear at the mention hearing, the court may proceed in your absence, potentially making interim orders that may affect you. In family violence matters, failing to attend could result in a warrant being issued for your arrest, or the magistrate might proceed to make an order based on the attending party's information. Non-attendance can also negatively impact your position in the case.
Are there any interim or temporary orders that can be made by the court before the contested hearing, and how do they affect my daily life?
The court may issue an interim order to provide immediate protection before the contested hearing. These orders can include restrictions on contacting or approaching the protected person, influencing your daily activities, such as where you can live or work, and your ability to communicate with certain individuals. Compliance is crucial, as breaching these orders can result in legal consequences. If you have shared custody or access to children, the order might limit interactions.
