Domestic Violence Charges: What To Expect At Your First Court Appearance

For most people facing domestic violence charges for the first time, the court process itself is as unfamiliar and stressful as the charge. Knowing what actually happens at your first court appearance (what’s decided, what isn’t, and what’s expected of you) can make a genuinely difficult day considerably less overwhelming.

Understanding What “First Mention” Actually Involves

Your first court appearance for a domestic violence charge is usually called a “mention.” At this stage, the court is not deciding your guilt or innocence. In most cases, the first mention is procedural. The charges are read, you (or your lawyer) indicate whether you intend to plead guilty or not guilty, and the matter is set down for the next relevant step, whether that’s sentencing or a defended hearing.

This is also frequently the point at which an accompanying Apprehended Domestic Violence Order (ADVO) is addressed, since police commonly apply for an AVO at the same time as laying domestic violence charges.

What You Need to Bring and Know

Turning up prepared makes a genuine difference to how the day unfolds. You should know:

• The specific charge(s) laid against you, and the court event number or case reference from your Court Attendance Notice (CAN)
• Whether there is an accompanying AVO, and what its interim conditions currently require of you
• Whether you intend to plead guilty or not guilty – ideally decided in consultation with a lawyer beforehand, not on the spot

Turning up without legal representation to a domestic violence mention is one of the more common mistakes we see. Even where a matter seems straightforward, an early, informed decision about plea and strategy can significantly affect the outcome down the track.

Will You Need to Give Evidence on the First Day?

No. At a first mention, you won’t be required to give evidence, and in the vast majority of cases, neither will the alleged victim. Evidence is only tested at a defended hearing, which is a separate, later court date if you plead not guilty. The first mention is about establishing the procedural path the matter will take, not resolving the facts.

If You Plead Guilty

If you intend to plead guilty, the matter may be adjourned briefly for sentencing submissions to be prepared, or in some circumstances, sentencing may proceed on the same day if the court and both parties are ready. This is where the work done before your court date matters most. Character references, evidence of steps taken since the incident, and clear sentencing submissions can materially affect the outcome, from whether a conviction is recorded to whether a custodial sentence is even on the table.

If You Plead Not Guilty

If you intend to contest the charge, the matter will be adjourned to a later date for a defended hearing, and the court will typically set directions for the exchange of evidence (known as a “brief of evidence”) between the prosecution and defence beforehand. This is also the point where your lawyer will usually begin building a formal defence strategy, which may include gathering witness statements, expert evidence, or challenging the reliability of particular evidence.

The Role of the AVO Alongside the Charge

It’s worth understanding that a domestic violence charge and an accompanying AVO are dealt with as two separate legal matters, even though they usually arise from the same incident. The AVO is a civil protection order; the charge is a criminal matter with its own burden of proof. 

Why Legal Representation Matters From Day One

Because so much of what happens later in a domestic violence matter (bail conditions, AVO negotiations, sentencing submissions, or hearing strategy) is shaped by decisions made at or before the first mention, this is not the stage to appear unrepresented “just to see what happens.” Our guide on what you can expect when working with a defence lawyer outlines how we approach preparation for exactly this kind of first appearance.

What Happens After the First Mention

Depending on your plea and the court’s directions, your matter will either be listed for sentencing, adjourned for further mentions while evidence is gathered, or set down for a defended hearing date. It’s rare for a domestic violence matter to be fully resolved at the first appearance. What matters most is that the direction set on that day reflects a properly considered strategy, not a decision made under pressure in the court hallway.

Contact Essere – The Defenders

If you have an upcoming first mention for a domestic violence charge and want to understand your options beforehand, our team is available 24/7. Call (02) 9283 3033 or book an appointment to speak with one of our defence lawyers before your court date.