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The NSW Domestic Violence Line on (02) 8745 6999 or 1800 810 784. This is a 24-hour telephone counselling service, which provides crisis counselling and referral pathways for women.
The Women’s Domestic Violence Court Advocacy Services (WDVCAS) are free services for women experiencing domestic and family violence anywhere in NSW. WDVCAS can help any woman experiencing domestic and family violence in NSW.
You can contact WDVCAS by calling 1800 WDVCAS (1800 938 227) and entering your postcode. You will be connected to the service in your local area. Alternatively, you can visit their website here.
In November 2020, the Stronger Communities Legislation Amendment (Domestic Violence) Act 2020 received assent to amend the Criminal Procedure Act 1986 to introduce a new protection for domestic violence complainants by prohibiting the cross examination of these witnesses by a self-represented defendant.
As a result of the new legislation, self-represented defendants accused of domestic violence can no longer directly question the complainant in domestic violence proceedings or related AVO proceedings. The changes commenced on 1 September 2021, and, since then, their questions have been relayed by a Court Appointed Questioner (CAQ), who either appears in Court or via Audio Visual Link (AVL).
Complainants do not have to organise this, the Court will recognise the need for a Court Appointed Questioner, and one will be ordered for use on the hearing day.
More information can be found here.
In domestic and family violence matters, either domestic violence charges or ADVO matters, the Court is closed when complainants are giving evidence. What this means is that only the people who are directly involved in the case are allowed in the Courtroom:
This means that members of the public (including the defendant’s family members or friends) are not allowed in the Courtroom, as well as members of the media.
Remote Witness Facilities (RWF) uses a form of Closed-Circuit Television (CCTV) to allow witnesses to give evidence from a location outside the Courtroom. The witness can see, hear and participate in the Court proceedings, but does not sit in the Courtroom. The use of RWF can assist victims of crime and vulnerable persons feel safer when giving evidence as they are not in the Courtroom with the offender. Remote witness facilities allow vulnerable witnesses, such as children or victims of sexual assault and/or domestic and family violence, to give evidence from a room that is separate from the Courtroom.
Anyone who has concerns about giving evidence in a Courtroom should speak to the prosecutor or their lawyer about making a request to use remote witness facilities.
All operational court locations have either a dedicated safe room, a safe waiting area or alternative safe waiting arrangement in place. In some instances, the safe waiting area is off site at the police station. Check with the Court Officer, your NSW Police contact or the WDVCAS as to the specific safe waiting arrangements at a particular court.
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