Can I Be Forced to Give Evidence as a PINOP in an ADVO Case?

If you are the complainant or Person in Need of Protection (PINOP) in a domestic violence matter in NSW, you might be wondering if you can be forced to give evidence in court—especially if you’ve changed your mind or no longer wish to proceed with the order.

The short answer is: yes, you can be subpoenaed and compelled to attend court. However, there are some limited legal protections available depending on your relationship with the accused.

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Many complainants formally write to the police or the court asking for the ADVO to be withdrawn. While this letter will be taken into account, the police or prosecution can continue with the case even if you no longer support the order.

That’s because the ADVO is a police application, and the law prioritises safety and public interest. The final decision is made by the court, not the person protected by the order.

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Yes. The police prosecutor or DPP can issue a subpoena requiring you to attend court and give evidence. This is a legally binding order.

If you ignore the subpoena:

The court may issue a warrant for your arrest.

You may be found in contempt of court.

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Under section 18 of the Evidence Act 1995 (NSW), certain people—such as a spouse, de facto partner, parent or child of the accused—may object to giving evidence if:

1. There is a likelihood of harm to the person or their relationship with the accused; and

2. That harm outweighs the desirability of having the evidence given.

The court will consider:

The seriousness of the charge.

The importance of your evidence.

Whether alternative evidence is available.

Note: This objection must be made in court, and the judge must personally explain your right to object before deciding whether to uphold it.

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If you are not in a relationship covered by section 18—such as a sibling, friend, or ex-partner not in a de facto relationship—you do not have a right to object and must give evidence if subpoenaed.

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In some cases, police may try to use your 000 call, body-worn video (BWV), or a recorded Domestic Violence Evidence in Chief (DVEC) statement as evidence in court.

These recordings may be admissible under the hearsay exceptions in the Evidence Act, especially if:

You are unavailable or unwilling to give live evidence.

The statement was made contemporaneously with the event.

The police followed proper procedures for DVEC recordings.

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Not necessarily. While your letter may be taken seriously by the court or police, it does not override the Prosecution’s right to continue the case. If they believe there’s a risk to your safety, they may proceed without your cooperation.

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Get independent legal advice. You may be entitled to speak to a lawyer about your rights.

Understand that being the complainant does not mean you control the case.

If you wish to object to giving evidence under s 18, be prepared to explain your relationship and the emotional, psychological, or relational harm giving evidence could cause.

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At Greenfield Lawyers, we represent both defendants and provide advice to complainants who are uncertain about their role in court proceedings. Whether you’re seeking to withdraw an ADVO, respond to a subpoena, or object to giving evidence, we can help you understand your legal position and your rights.

Contact us today for a confidential consultation. Call 0422 372 695 or email greenfieldcriminallawyers@gmail.com.

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