Sydney Women's Domestic Violence Court Advocacy Service (SWDVCAS)

 

The SWDVCAS is funded by Legal Aid NSW and managed by Redfern Legal Centre.  The service operates at the Downing Centre (Sydney city), Balmain, Newtown and Waverley courts, and assists women in court proceedings for apprehended domestic violence orders (AVOs). The service is available for women in police or private (through the Chamber Registrar) AVO applications.  

 

Trained domestic violence court advocates, together with CALD and Aboriginal specialist workers, attend courts on AVO list days (see below for court list days) and provide advocacy, information and referrals.  Advocates will help explain the AVO court process; assist you when giving instructions to police or police prosecutors; help to ensure any orders made are appropriate to your circumstances; and provide referrals for family law or other legal issues, housing and counselling.

 

Where possible, arrangements can be made for assistance at court on days other than AVO list days (for example, at defended hearings or hearings for criminal charges).  The service is available at the Downing Centre Court five days per week (level 4, next to the Legal Aid office).

SWDVCAS advocates can assist women to find legal representation in private AVO applications, AVO cross applications, and (in certain circumstances) where the woman is the defendant. 

How can I contact the service?

You can contact the SWDVCAS by phoning 9287 7505 or Redfern Legal Centre on 9698 7277.

If I need an interpreter?

If you need an interpreter to speak to SWDVCAS advocates before or after your court date, SWDVCAS can arrange a telephone interpreter or a face-to-face appointment with an interpreter present.

 

At court, interpreters are usually ordered by court staff. If you are not sure whether the court has ordered one for you, contact the court or ring SWDVCAS at least three days before you are due to go to court.

What will happen at court? 

The SWDVCAS attends the courts on AVO list days.  At the court a separate space is available for you to sit and discuss your case with the court advocate and the police Domestic Violence Liaison Officer (DVLO).  On this day, the DVLO might speak to the defendant and ask them if they will agree to the orders being sought.  The DVLO will also speak to you, and ask you about the type of orders you need to keep you safe from further violence and/or abuse.  If the defendant does not agree to the orders, a date will be made for a magistrate to hear evidence from both you and the defendant (and any other witnesses) and an interim AVO order will usually be made for your protection until the hearing date.  

 

How does an AVO protect me?

An AVO is for your future protection. It is designed to restrain the behaviour of the defendant by imposing criminal penalties on them if they breach the order after it has been made. The period of time that an order is in force is up to the discretion of the magistrate (usually about 12 months). It can also be negotiated with the defendant. If you want to change the orders this can often be done on the day, or later by reapplying to the court for a variation

What protection can I get for my children?

Your children can be named in your AVO, or in a separate AVO. However, only the police can apply for an AVO if protection is to be sought for someone under 18.