Greater protections for people giving evidence of family violence in Family Court proceedings
People giving evidence about family violence are now entitled to additional legislative protections, including the ability to give their evidence in alternative ways. These changes are designed to strengthen their safety and reduce the risk of trauma or re‑victimisation during court proceedings.
The Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025(external link) establishes a process where people can give written notice of the way (or ways) a witness (including themselves) will give evidence.
This includes:
- behind a screen in a courtroom
- in a witness room inside the court building by closed circuit TV
- by audio visual link from another location.
Witnesses no longer need to give evidence from an open witness box in a courtroom.
The entitlement applies to proceedings that started on or after 26 February 2026. Those giving evidence of family violence must notify the court and other people involved (through their lawyer if they have one) if they wish to use one of these ways. They must notify as early as possible, but at least 28 days before the hearing.
The other party can make an application to the court for the evidence to be given in an open witness box in a courtroom or in another alternative way specified in the legislation. The application must be made as soon as possible before the hearing. The judge will speak to everyone concerned before deciding how evidence should be given.
More information on what to expect at a Family Court hearing
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