Cross-examining a witness in a domestic violence civil proceeding requires strategic questioning while adhering to the legal restrictions set out under Queensland law. In these matters, the Domestic and Family Violence Protection Act 2012 (Qld) governs the proceedings, including how cross-examination is conducted.
- Understanding the Scope of Cross-Examination
Cross-examination in a civil domestic violence hearing is focused on testing the reliability and credibility of the witness, rather than proving guilt beyond a reasonable doubt.
An applicant / respondent (or their lawyer) can question the aggrieved / respondent or other witnesses on:
- Inconsistencies in their statements (e.g., differences between their affidavit, police statement, or oral evidence).
- Lack of independent corroboration (e.g., no medical records or witness support for their claims).
- Motive for making the allegations (e.g., custody disputes or relationship breakdowns).
- Framing Questions Effectively
When cross-examining a witness, the following strategies can be used:
- Ask Closed-Ended Questions: Instead of broad questions, use direct ones that require a yes or no answer (e.g., “You did not report this incident to police, correct?”).
- Challenge Vague Statements: If the witness makes a general claim, ask for specifics (e.g., “You stated the respondent was aggressive—what exact words did they use?”).
- Use Prior Inconsistent Statements: If the witness has provided multiple versions of events, You could highlight these inconsistencies.
Restrictions on Cross-Examination by Respondents
Under Section 151 of the Domestic and Family Violence Protection Act 2012 (Qld), a self-represented respondent is generally prohibited from cross-examining the aggrieved or certain protected witnesses in person. This restriction is designed to prevent further trauma or intimidation. For this reason, it is usually imperative to have a lawyer / and or barrister to cross examine witnesses so that the evidence can be tested.
Conclusion
Cross-examining a witness in a domestic violence civil proceeding requires careful planning and compliance with strict legal protections. If a respondent is self-represented, they cannot directly question the aggrieved and must use alternative methods approved by the court. A well-structured cross-examination can highlight inconsistencies and credibility issues while remaining within the legal framework. Seeking legal representation can significantly improve the chances of a fair outcome.
Our team are experts in domestic violence law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
