The first hearing - Interim FVROs
If you have asked for the application to be heard in the absence of the Respondent, the first hearing will be to see if there are grounds to make an interim FVRO.
Remember to check with the court to find out if your application for an interim FVRO will be heard on the same day the application is filed.
The Respondent will not be told about the application and is not allowed to come into the first hearing.
Your case will be called by your family name when it is time to go into court.
The application will be heard in 'closed court'. This means members of the public cannot come into the courtroom during the hearing. You are allowed to bring one or more support persons with you. They need to be approved by the court and should not be a witness in your case.
When will the Respondent find out about the FVRO application?
The Respondent will find out that you have applied for an FVRO:
- if the court has made an interim FVRO, at the time when the Respondent is served with the interim order, or
- if the court did not make an interim order and adjourned your application to a final hearing, when the Respondent receives a summons to come to court.
If the court makes an interim FVRO, the Respondent is allowed to get a copy of your application, affidavit and a transcript of the hearing. The transcript sets out everything that was said in the first hearing.
If you don't want the Respondent to know where you are living, make sure you don't say your address out loud while you are in court. You should also avoid writing it on your affidavit.
Simple tips for appearing in court
- Dress neatly - no sunglasses, hats or singlets.
- Be on time.
- Bring your court forms, pens and paper.
- Don't bring food or drinks or chew gum.
- Switch off your mobile phone.
- Call the magistrate 'Your Honour'.