A domestic violence matter will typically go to trial when the Respondent contests the Domestic Violence Order (DVO) applied for by the Aggrieved. The trial process is initiated when both parties cannot agree on the terms or existence of a protection order. This usually happens when the Respondent disagrees with the accusations of violence or the conditions imposed by the DVO.

When the matter proceeds to trial, both parties need to gather and submit evidence, including sworn affidavits outlining their version of events. These affidavits are central to the trial, as they form the main body of evidence presented in court. Each party must also identify any witnesses who may support their claims. Witnesses are required to provide their own affidavits and be available for questioning during the trial. Evidence can include photographs, medical reports, police records, and any other documentation that supports the allegations or defence. All evidence must be organised and presented clearly to strengthen the party’s case before the court.

On the day of the trial, both parties and their legal representatives appear in court to present their case. The court will review the evidence provided in affidavits and listen to both parties’ arguments. Witnesses will also give evidence in person and be cross-examined by the opposing party's lawyer, which is a critical part of the trial process as it allows the court to assess the credibility of each person's testimony.
The trial can be a stressful experience, especially for the Aggrieved, who may need to recount traumatic events. It is important to have legal representation to ensure your rights are protected throughout the trial process. Your lawyer can help you present your case effectively, ensure that all relevant evidence is heard, and respond to any legal challenges raised by the opposing side.