DVO Contested Hearing Cairns — Fixed Fee
$4,800 — Fixed Fee
This page is for you if the other person is fighting the DVO application — they have filed a response saying they oppose the order, and the matter is going to a hearing where both sides give evidence. If the other person is not opposing the order (or has not responded), you likely need the uncontested application page — $2,500 instead. Covers : initial consultation, review of the application and supporting material, preparation for the contested hearing, cross-examination of witnesses,…
What Is Included
Initial consultation to review the application, the supporting affidavit, and the alleged conduct Advice on whether to contest the application and the realistic prospects of success Review of all material filed in support of the application — affidavits, police records, and any other evidence Preparation for the contested hearing — identifying the issues, advising on your evidence, and preparing…
When a DVO Becomes Contested
A DVO application becomes contested when the respondent — the person the order is sought against — files a notice indicating they oppose the making of the order. The matter is then listed for a contested hearing at which both parties give evidence and the Magistrate decides whether a DVO should be made. Contested DVO hearings are heard in the Magistrates Court. They are civil proceedings — the…
Whether to Contest
Contesting a DVO application is not always the right decision. The factors that bear on whether to contest include: The strength of the applicant's evidence. Where the application is supported by detailed affidavit material, police records, and consistent witness accounts, contesting may not improve the outcome. Sacha will review the material filed before advising on prospects. The conditions…
What Happens at a Contested Hearing
At a contested DVO hearing, both parties give sworn evidence before a Magistrate. The process is: The applicant's case. The applicant gives evidence in chief — typically by adopting their affidavit — and is then cross-examined by the respondent's lawyer. Any other witnesses called by the applicant give evidence and are cross-examined. The respondent's case. The respondent gives evidence and may…
What Sacha Focuses On
Every contested DVO hearing turns on the credibility and consistency of the evidence. Sacha will review the application material in detail before the hearing — identifying inconsistencies, gaps, and weaknesses in the applicant's account that are relevant to cross-examination. Where the respondent gives evidence, Sacha prepares them thoroughly — what to expect, how the process works, and how to…
FREQUENTLY ASKED QUESTIONS
Can I contest a DVO if I accept that some of the conduct occurred? Yes. You may accept that an incident occurred but contest the characterisation of it as domestic violence, contest the conditions sought, or contest the duration of the order. Contesting does not have to be all-or-nothing. Sacha will advise on the specific issues worth contesting in your matter. What if I have a criminal charge…