Representing yourself in a domestic violence matter. Is it a good idea?

Domestic violence is a prevalent issue in our society. It is perhaps no surprise that approximately 1 in 4 matters heard in the Local Court of NSW are domestic violence related. Whilst every accused person has the right to defend allegations made against them, the law provides limitations to an accused person’s right to question or cross-examine a complainant in a domestic violence matter.

Can I represent myself in a domestic violence case?

Although the law allows a person charged with a domestic violence offence to represent themselves, where a domestic violence matter is a defended, a defendant who is not represented by a lawyer is not allowed to directly question the complainant. This prohibition is contained in section 289VA of the Criminal Procedure Act 1986 (NSW).  If a defendant is not represented by a lawyer, the court will appoint a ‘Court Appointed Questioner’ to ask the complainant questions on behalf of the accused person.

What is a Court Appointed Questioner?

A Court Appointed Questioner is a person assigned by the court to ask the complainant questions on behalf of a self-represented accused person. The Court Appointed Questioner will be present in the courtroom whilst the complainant gives evidence and will then ask questions prepared by the accused in cross-examination of the complainant on behalf of the self-represented accused. Once the Court Appointed Questioner has completed asking questions of the complainant on behalf of the accused person, the Court Appointed Questioner’s role ceases and the accused will be required to conduct the remainder of their defence as a self-represented party.

What can a Court Appointed Questioner do?

A Court Appointed Questioner’s role in a defended domestic violence matter is limited. A Court Appointed Questioner cannot give legal advice to an accused person and will not be able to help a self-represented defendant formulate questions to be asked of the complainant. The Court Appointed Questioner does not ask questions of any other witnesses whom are not complainants, does not make any legal arguments on behalf of a self-represented accused and cannot make any other submissions on behalf of a self-represented defendant.

Is it a good idea to represent myself in a domestic violence hearing?

Section 289VA of the Criminal Procedure Act 1986 (NSW) seeks to safeguard complainants from potential further trauma at the hands of the accused by preventing a self-represented accused person from being able to ask questions of the complainant in a domestic violence proceeding. Whilst a court will appoint a Court Appointed Questioner in a domestic violence case involving a self-represented defendant, there are significant limitations as to what a Court Appointed Questioner can do. Court Appointed Questioners are not required to be lawyers, and in any event are not able to provide legal advice to a self-represented defendant. Moreover, a Court Appointed Questionnaire is not able to familiarise themselves with the details of a self-represented defendant’s case and therefore is not able to formulate questions of the complainant which may have the advantage of assisting a self-represented defendant. A Court Appointed Questioner cannot object to evidence, cannot make applications to exclude evidence, cannot question other witnesses and cannot make legal and other submissions in the hearing. A decision to represent yourself in any criminal law matter is difficult and carries significant risks and disadvantages at the best of times. The potential pitfalls of being a self-represented defendant in a domestic violence matter loom even larger given the operation of section 289VA of the Criminal Procedure Act 1986 (NSW). It is therefore crucial that an accused person who is defending a domestic violence matter engage an experienced criminal defence lawyer to advocate on their behalf and to advance their defence in the most appropriate and astute manner possible.

How do I choose the right lawyer for my domestic violence matter?

Choosing the right domestic violence lawyers in Sydney with a wealth of experience in defending domestic violence allegations is important to maximise your chances of obtaining the best possible outcome in your case. Our lawyers are highly skilled and respected advocates who pride themselves on their ability to give you detailed, yet easy to understand legal advice and to advance your interests in defending domestic violence charges against you, or to negotiate a resolution of your charges should you wish to consider pleading guilty.

Why choose Australian Lawyers and Advocates?

If you are charged with a domestic violence offence, our team of criminal defence lawyers in Sydney can help. We will carefully consider your case and provide expert advice on your options.

Our team of expert criminal defence lawyers in Sydney have a proven track record of securing successful outcomes for our clients in domestic violence matters. Our results speak for themselves.

If you require expert representation in a domestic violence matter, don’t delay. Contact our expert domestic violence lawyers in Sydney today.

The content contained within this guide is expressed as a general guide as to this area of law and is not intended to contain legal advice specific to an individual’s case. If you, or someone you know has been charged with a criminal or traffic offence and requires legal advice, do not hesitate to contact Australian Lawyers and Advocates to discuss any criminal law or traffic law matters further.