Glossary of legal terms

Abort a trial	Terminate a trial before it is completed.
Acquittal	A finding that a defendant is not guilty of a crime as charged.
Act	A bill that has become law after passing through required legislative steps.
Adjournment	When the hearing of a matter is delayed, postpone or held over until a later date.
Admissible evidence	Legal testimonial, documentary or tangible evidence that may be presented in court.
Admit (into evidence)	If the information a party wants to rely on in proving their case complies with the legal rules about evidence, when the party tenders that information during a trial the court will accept that information as part of the evidence in the case, to be considered by the court in making its decision In other words, the information will be “admitted into evidence”.
Adversarial (system)	A litigation process where opposing parties each present their own side of the dispute to the judge, whose role is to decide the dispute.
Affidavit	A written statement, sworn on oath or affirmed before an authorised person (e.g. Justice of the Peace), for the purpose of presenting evidence to the court.
Affidavit of service	An affidavit setting out how a legal document has been served on (given to) a party.
Affirmation	A declaration made instead of an oath.
Aggrieved	The person in need of protection and for whose benefit a domestic violence order is made.
Agreed facts	A set of specific information agreed by the defence and the prosecution, regarding the charges that are brought before the court. Usually presented after a plea of guilty.
Alibi	An accused person’s defence or explanation that they did not commit the alleged offence, because they were elsewhere or with somebody else.
Allegation	An unproved statement by a person making a claim that another has performed a wrongful act or omission which has caused the claimant to suffer loss or damage.
Alleged (unproven)	As put forward by the prosecution in relation to an offence - the court will determine if it is true or not.
Alleged facts	The circumstances of the offence proposed by the prosecution.
Alleged offender	A person suspected of committing a criminal act.
Alleged victim	A person claiming to be a victim of a crime.
Alternative charge	A back‐up charge in addition to the main charge against the accused - for example, a murder charge accompanied by an alternative charge of manslaughter - then, even if the evidence is not sufficient to prove the murder charge, it may be used to prove the manslaughter charge.
Amicus curiae	A solicitor, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it.
Antecedents/Criminal history	Records of previous criminal offences, usually with details of conviction, penalties and appeals.
Appear	To be present in court.
Appear as agent	To be present in court, but in the place of the law firm representing one of the parties.
Appear for…	To be present in court representing one of the parties in the proceeding.
Applicant	A person filing an interlocutory or originating application.
Applications List Manager	A registry officer who manages the listing of interlocutory and originating applications in the Applications List.
Arraignment	To call an accused person before a court to answer the charge made against him/her by indictment.
Associate	An assistant to the judge, who ensures the effective and efficient conduct of court hearings.
Associated domestic violence	Acts of domestic violence by a respondent towards: a child of the aggrieved; a child who usually resides with the aggrieved; a relative of the aggrieved; or an associate of the aggrieved.
Assurance	A guarantee or pledge to the court.
Authorised person	An adult authorised by the aggrieved to appear on behalf of the aggrieved. The authorisation should be in writing. The authorisation may not be in writing where the aggrieved cannot provide authorisation and the court believes the person is authorised (for example, if the aggrieved has a physical disability that prevents this).
Bail application	An application for an accused person to be allowed to remain in the community until trial or not to be detained during the court proceeding.
Bail conditions	A set of restrictions imposed by the court upon an accused person in order to grant him/her temporary release while awaiting the court outcome - these may involve regular reporting to the police, surrendering of passports, not contacting witnesses etc .
Bailiff	A uniformed officer who assists the judge and the associate and keeps the courtroom in order.
Balance of probabilities	The standard of proof required by the judicial officer, who must be satisfied that it is ‘more probable than not’ that the acts of domestic violence occurred.
Bar table	The table where the lawyers sit during court proceedings.
Barrister	A lawyer who specialises in courtroom litigation, which is different to a solicitor who has direct contact with clients for instructions. Barristers are usually instructed by solicitors for cases in the District and Supreme Courts. They usually wear a robe and wig in court as a distinction from solicitors.
Bench	The raised area in a courtroom where the presiding judge or magistrate sits.
Bench warrant	A warrant issued by the presiding magistrate or judge for the arrest of a person.
Beyond reasonable doubt	There is no other reasonable explanation or inference. This is the level to which the prosecution must prove that the accused person committed the offence in a criminal proceeding.
Breach (DVO)	This is where the respondent knowingly breaks any of the conditions of the protection order that the magistrate has granted. The aggrieved should report any breaches to the Police.
Brief of evidence/Police brief (QP9)	A complete set of statements, reports and forensic results that form all the evidence intended to be used against the accused person.
Burden of proof	The responsibility to prove all elements of the alleged offence - in criminal cases, this responsibility falls upon the prosecution.
Callover	Where there are several proceedings requiring the allocation of hearing dates/times, the court conducts a callover (a relatively brief process conducted in a courtroom) to obtain some information from the parties about each proceeding, so that dates/times can be allocated appropriately.
Call‐over list	A list of cases that are to be called for mention.
Case conference	A meeting between the parties to discuss the issues in dispute in order to resolve the matter more quickly.
Cause of action	A set of facts which gives a person a right to a remedy enforceable by a claim in a court of law.
Caution	A verbal precautionary warning given by the police or court to a suspect or accused person stating their rights.
Challenge (a potential juror)	A formal objection to a potential juror called from the jury panel prior to this person being sworn in as a juror.
Chambers	The term used for judges and barrister’s offices.
Change of plea	A defendant changing their answers to the charge from “not guilty” to “guilty” or vice versa.
Child of an aggrieved/respondent	A child, whether biological, adopted or a stepchild, of the aggrieved or respondent, or in the care or custody of the aggrieved or respondent.
Child who usually lives with the aggrieved	A child who spends time at the residence of the aggrieved on a regular or on-going basis.
Childrens Court	A court that deals with matters related to the care and protection of children and young people, and also criminal cases concerning children and young people.
Circuit Judge	A judge who does not sit in just one court - they usually travel between different regional or country courts.
Civil claim	A claim for compensation, or some other relief, by one or more persons against another person or persons for loss or damage caused by the other’s wrongful act or omission.
Civil jurisdiction	The power to make legal decisions and judgments about civil disputes.
Civil List	A record of events taking place in proceedings in the civil jurisdiction of the court (interlocutory applications, reviews, or trials) which have been allocated a date or dates for hearing (NB: Interlocutory applications are only recorded in the civil list where it has been estimated that the hearing will take more than two hours).
Civil List Manager	A registry officer who manages the listing of all hearings in the civil trial division of the court.
Claim	A document that is filed to commence a proceeding, asking the court to resolve a civil dispute.
Closed Court	The court proceeding is not open to the public – usually reserved for sensitive cases or cases involving children. For example - members of the public will not be allowed at the hearing for a domestic violence protection order application. The aggrieved is allowed to have someone present throughout the proceedings to provide support and other assistance.
Coerce	Compel or force a person to do, or refrain from doing something.
Committal hearing	A preliminary hearing of an indictable offence held before a magistrate to determine whether there is enough evidence for the charges to be heard by the District or Supreme Court.
Common Law (Australia)	Australia’s legal system has two sources of law: legislation which are Acts passed by Parliaments the law that develops from decisions made by judges, referred to as common law.
Community service order (CSO)	A court order requiring a convicted offender to do unpaid community services for a defined number of hours.
Compensation	Payments awarded for damages and costs.
Concurrent sentences	A series of sentences that are to be served simultaneously, as opposed to cumulative sentences.
Conditional discharge	The release of an offender on the condition that he/she will be of good behaviour and not commit another offence for a specified period.
Conditions of an order	Conditions imposed by the court when making an order that restrict or prohibit conduct of the person against whom the order is made.
Consent	Means permission freely and voluntarily given by a person with capacity to give the permission.
Consent order	A protection order that is made by the judicial officer when the aggrieved and the respondent agree to its conditions. There is no obligation on either party to consent. Consent must be freely and voluntarily given by a person with capacity to give the consent.
Contempt of court	A serious offence, punishable by fine or imprisonment, committed by a person who acts in a way that is disobedient or discourteous to the court.
Contested application (DFV)	Where the respondent disputes an application for a protection order.
Contravention of an order	A breach of an order.
Conviction	A court verdict that a defendant is guilty of a crime.
Coroners Court	A court that conducts inquests into deaths.
Corroboration	Evidence that supports and validates other evidence presented in a matter.
Counselling	Personal and/or psychological help given by a professional.
Count	A distinct charge on an indictment.
Couple relationship	Exists between two persons if the persons have or had a relationship as a couple.
Court cost	Cost ordered to be paid by a convicted offender to the court for administrative fees.
Court transcript	A written record of all that was said and done during the course of a hearing or trial.
Court’s discretion	The court’s own prudent (wise) decision/judgment.
Criminal intent	A planned intention to commit a criminal offence.
Cross-application (DFV)	This is where both parties make applications for protection orders against each other.
Cross-examination	This can be when a person who gives evidence in court is questioned by the other party/opposing side.
Crown prosecutor	The person who prosecutes a criminal proceeding on behalf of the community.
Cumulative sentence	Sentences that are served one after another by an offender, as opposed to concurrent sentences.
Curfew	A condition imposed by the court placing time restrictions on the movements of a defendant or accused person.
Curia advisari vult	Means “the court wishes to consider” and indicates that the court is taking time to consider the evidence before making a judgment (often recorded in writing as CAV).
Custodial sentence	A sentence of imprisonment in a correctional centre (prison/jail).
Damages	Monetary compensation designed to put a plaintiff, as far as possible, in the position in which they would have been, had the defendant’s wrongful act not occurred.
De facto	Latin: "as a matter of fact". It is a fact that is not necessarily sanctioned by law. E.g. De facto husband and wife, who although are not legally married, live in a domestic situation as husband and wife.
Default judgment	Judgment by the court in favour of the plaintiff against the defendant without a trial because the defendant failed to file a defence to the claim within the required time frame.
Defendant	A person responding to/defending a claim or criminal charge.
Deliberation	Discussion and consideration of evidence by the jury prior to reaching and delivering a verdict.
Deponent	A person making an affidavit.
Direction	Order made by the court which is designed to progress the proceeding to resolution quickly and efficiently.
Disbursement	Money spent by a party during a claim, which expenditure was necessary to progress the matter.
Dismissal	The ruling by a court that the proceeding is finalised because it is not successful.
Disregard a comment	To ignore a comment and not regard it as evidence.
District Court	The middle court in the State’s legal system - a trial court and can hear certain appeals and has both a criminal and a civil jurisdiction.
Dock	An enclosed area in the courtroom where a defendant or accused person who is in custody sits during a hearing/trial.
Domestic Violence	Behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that is: physically or sexually abusive; emotionally or psychologically abusive; economically abusive; or is threatening, coercive, or in any other way controls or dominates the second person to fear for the second person's safety or wellbeing or that of someone else.
Domestic Violence Order (DVO)	A temporary protection order or protection order - these orders may include a number of conditions.
Drug Court	A court that handles cases of non‐violent substance abusing offenders who can join voluntary drug rehabilitation and counselling programs in exchange for a more lenient sentence.
Economic abuse	Behaviour by a person that is coercive, deceptive or unreasonably controls another person without the second person’s consent: in way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour; by withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or a child, if the second person or the child is entirely or predominately dependent on the first person for financial support to meet those living expenses.
Elements of the offence	Integral parts that make up the definition of an offence.
Empanelling the jury	A process of selecting a jury by a balloting system, from a panel of potential jurors.
Enforceable (DFV)	A domestic violence order is ‘active’, or able to be enforced by the police, if: the respondent was present in court when it was made; a police officer has personally served the protection order upon them; or the respondent has been told by a police officer about the existence of the order, including the condition alleged to have been contravened.
Enforcement creditor	Person in whose favour an order for the payment of money has been made by the court, who has not received the money within the timeframe imposed by the court order.
Enforcement debtor	Person ordered by the court to pay money to another party, who has not paid all or part of that money within the timeframe imposed by the court order.
Engagement relationship	Exists between two persons if the persons are or were engaged to be married to each other, including a betrothal under cultural or religious tradition.
Evidence	Information gathered by a party to prove the facts on which the party relies in proving their claim or defence (there are legal rules about what information may be relied on).
Evidence (DFV)	The aggrieved must prove that acts of domestic violence have occurred on the ‘balance of probabilities’. Testimony from family, neighbours or a doctor, photographs of injuries and torn clothing, copies of text messages, phone records, phone recordings and comments posted on social media are examples of evidence.
Evidence in chief	The questioning of your own witness in court to produce evidence .
Ex parte	Means “for one party” and refers to applications or hearings where one party applies or appears in the absence of the other party or parties.
Ex parte hearing	A hearing done in in the absence of a party.
Ex tempore	Means “at the time” and refers to a judgment delivered by a judge at the end of a hearing, rather than later, after a period of deliberation.
Execute a search warrant	Perform legal searches upon a premises or person in accordance with conditions specified in a warrant signed by a magistrate or judge.
Exhibit	An object or document that is tendered as evidence in court - it is always given an identification number after being tendered and will be referred to by this number from then on.
Expert evidence	Scientific, forensic, medical and professional evidence provided by authorised and qualified experts.
Expert witness	Qualified and authorised specialised, scientific, forensic or medical professional who is requested to give expert evidence in court.
Exposed (DFV)	A child is exposed to domestic violence if the child sees or hears domestic violence or otherwise experiences the effects of domestic violence.
Extradition	The transfer of an accused from one state or country to another state or country that seeks to place the accused on trial.
Family Court of Australia	A federal court that resolves disputes about family law matters in Australia, including parenting issues and financial issues following separation.
Family relationship	Exists between two persons if one of them is or was the relative of the other (refer to the definition of a relative).
Filing	The process of lodging a document with the court registry so that it is placed on the court file and becomes part of the file - usually, the registry will apply the court seal to a copy of the document and provide this to the person filing the document, as proof that it has been filed.
Forensics	A broad spectrum of sciences that is used in seeking explanations and answers relating to evidence before a court.
Foreperson	The spokesperson of a jury.
Fresh charges	Newly laid charges against an accused.
Habeas corpus	Latin: ‘You have the body’. A writ that orders the detained person to be brought to court in order to justify their detention.
Hand-up committal	A committal hearing in which, with the agreement of the defence, prosecution and the magistrate, the written statements of the prosecution witnesses are simply presented to the magistrate and no witnesses appear in court.
Hearing	An event in a proceeding held in a courtroom before a judicial officer and attended by the parties for the purpose of progressing or deciding a matter.
Hearsay evidence	Evidence based on what has been reported to a witness by others rather than what the accused has observed or experienced directly.
High Court	The High Court is the highest court in the Australian judicial system. The functions of the High Court are to interpret and apply the law of Australia, decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals from Federal, State and Territory courts.
Hostile witness	A witness who is reluctant to give evidence or participate in a hearing (sometimes for fear of retribution or self-incrimination, or in order to protect an accused person). In these circumstances, the party calling the witness can seek leave to declare the person hostile and cross-examine them.
Hung jury	A jury that after an extended period of deliberation, cannot reach a unanimous or majority verdict.
Inadmissible evidence	Any form of tainted, illegally obtained, hear‐say or irrelevant evidence that has been refused to be admitted as evidence in court.
In‐Camera	Latin: ‘in private’ . A hearing or trial where the public and press are not permitted to observe. This is usually reserved for sensitive cases or cases where the witness or defendant is a child.
Indemnity	An assurance of protection from being prosecuted.
Indictable offence	An offence where a person can indicted in the District Court or Supreme Court as opposed to a summary offence, which is dealt with in the Magistrates Court.
Indictment	A written accusation charging that a defendant/accused person has committed an act or omitted to do something that is punishable by law. Indictments are only presented to the District or Supreme Court.
Informal care relationship	Exists between two persons if one of them is or was dependent on the other person (a carer) for help in an activity of daily living. The relationship does not exist between a child and parent of a child. It also does not exist if the person helps the other person in an activity of daily living under a commercial agreement.
Inquest	An inquiry by a Coroner or medical examiner into the cause of certain deaths.
Instructions (by Judge)	An explanation of the law governing a case, which the judge gives orally to the jury after the lawyers have presented all the evidence and made final arguments, but before the jury begins deliberations.
Intensive correction order (Home detention)	Technically a sentence of imprisonment, but which the convicted offender serves in the community under strict conditions.
Interim order	A temporary order.
Interlocutory (application)	The process of applying to a judge to decide an issue between the parties prior to final determination of the claim.
Interstate order	An order made by a court of another State, Territory or New Zealand.
Intimate personal relationship	An intimate personal relationship is a spousal relationship, an engagement relationship or a couple relationship.
Intimidation or harassment (DFV)	An aggrieved is intimidated or harassed if followed by the respondent in public, or if the respondent loiters outside the home or workplace, injures or threatens to injure a pet, or repeatedly telephones without consent.
Issue (legal)	A question about facts or law to be decided by the court.
Joint custody	An arrangement between estranged parents to share the upbringing of their child/children - it can be joint legal and/or joint physical custody.
Judge’s ruling	A judge’s authoritative decision on a debated point of law.
Judge’s summing up	A Judge’s address to the jury at the end of the trial, summarising all of the evidence produced in court and arguments from both sides, and instructing the jury on points of law.
Judgment	The decision reached by the court by deciding the issues relevant to the final outcome of the case, on the facts established by the evidence after applying the relevant legal rules.
Judgment Creditor	A person in whose favour an order for payment of damages has been made, which damages have not yet been paid.
Judgment Debtor	A person against whom an order for payment of damages has been made, which damages have not yet been paid.
Judicial Officer	The person who hears the matter and makes decisions on the evidence put before the court. In Queensland Courts this is either a judge or a magistrate.
Jurisdiction	The power to make legal decisions and judgments.
Jury panel	A group of potential jurors, consisting of citizens called by the Office of the Sheriff to serve jury duty.
King’s Counsel (KC) – formerly Queen’s Counsel (QC)	A senior barrister who has practiced for at least 10 years and is appointed to be His Majesty’s Counsel. This membership only exists in various Commonwealth countries. KCs wear silk robes in distinction to the woollen robes worn by normal barristers, hence the nickname ‘silk’.
Leading question	A question which is phrased in a way that can suggest a sought after answer. Leading questions are usually not allowed, however in some circumstances both parties can agree to allow leading questions for undisputed facts.
Leave (of the court)	Permission given by the judicial officer for a party to do a certain thing.
Legal professional privilege	The right to claim that the contents of a document are confidential because the document was prepared for the dominant purpose of providing or obtaining legal advice or for use in anticipated or existing litigation, and to refuse to produce the document in the proceeding for that reason.
Legislation	Written law created or changed by parliament.
Listing	The act of allocating a date and time for a court hearing.
Litigation	The process of resolving a dispute by bringing and defending a claim in a court of law.
Magistrate	A judicial officer in the Magistrates Court.
Magistrates Court	The lower court in the State’s legal system. It hears less serious matters, both criminal and civil. A magistrate hears matters alone, without a jury.
Majority verdict	A verdict that most of the jurors agreed to (e.g. 11 out of 12 jurors agree on the verdict).
Marked for identification (MFI)	When a piece of evidence is presented to the court but, due to the lack of further corroborating evidence or other factors, cannot yet be tendered as an exhibit. It would therefore be marked for identification.
Material (fact)	An important fact which will have an impact on the outcome of a dispute.
Mediation	A meeting between the parties in a matter, with an independent person, in order to aid them in the settlement of their disagreement. It is a structured process of negotiation in which the independent person helps the parties to communicate effectively with a view to resolving their dispute.
Mens rea	Latin: ‘guilty mind’ - the mental state of the offender while committing the crime - criminal intent is one of the necessary elements of a crime.
Mention	The initial listing of a matter in court before it goes to hearing or sentencing for the purpose of entering a plea, applying for bail, etc. The juidical office may adjourn the matter to future mention dates or adjourn the matter for a hearing.
Mitigating circumstances	Facts or circumstances which, although they cannot be used as a defence, can be submitted in an attempt to reduce the seriousness of the situation.
Motive	A reason of desire or need that causes a person to do something. For example, obtaining money may be a motive for murder.
Named person (DFV)	A relative, associate, or child who is protected by being specifically named in the domestic violence protection order.
No Bill Application	An application to discontinue a prosecution either by the defence or by the prosecution after reconsidering the facts.
No-contact condition	A party who is under this condition (via their DVO or bail undertaking) cannot telephone, speak to, or follow a named other party or go to a place where the other party is likely to be. They also cannot email or contact the other party by any other electronic means.
Non-indictable offence	A minor offence that must be heard in the Magistrates Court.
Non‐parole period	Actual period served in custody by a convicted offender as part of a sentence of imprisonment.
Notice to appear (NTA)	A notice issued by police advising a person that their offence will be dealt with in court.
Oath	This is when people swear on the Bible, or another religious text, that they will tell the truth. If people have a valid reason not to swear an oath, they may affirm their evidence.
Objection	A motion in court, which can be made by either side, to disallow a question or evidence.
Objective elements	Elements that are based on facts rather than thoughts or opinions.
Offender levy	An amount required to be paid by a convicted offender to contribute to the administration expenses of the court.
Opening address	An opening speech made by the lawyers representing the parties in a hearing, in order to give the court a brief outline of the case.
Opposing (party)	The person(s) on the other side of the dispute, for example, for a plaintiff, the defendant is the opposing party.
Originating (application)	A document that is filed to commence a proceeding, requesting the court to resolve a civil dispute.
Ouster condition	The respondent is prohibited from remaining at the stated premises, entering or attempting to enter the premises and/or approach within a stated distance of the premises.
Over‐rule	A decision by a court to disallow an objection or argument.
Parent	The child’s mother or father and anyone else having or exercising parental responsibility for the child. A parent does not include a person standing in the place of a parent of the child on a temporary basis; an approved foster carer of the child, or an approved kinship carer for the child. A parent of an Aboriginal or a Torres Strait Islander child includes a person who under Aboriginal tradition or Island custom is regarded as a parent of the child.
Party	A person directly involved in a proceeding, who is named in the proceeding as applicant, respondent, plaintiff, defendant, or third party.
Penalty units	Penalty units are used to define the maximum fine payable for certain offences - when the amount of the penalty unit is changed, it affects the amounts of all fines.
Perpetrator	As opposed to a suspect, a perpetrator is one who actually committed an offence.
Plaintiff	A person who applies to the court for determination of a civil dispute by filing a claim.
Plea bargain (also called charge bargaining)	A negotiation process between the defence and prosecution, before or during a criminal trial, to give opportunity: for the accused to plead guilty to a lesser charge; and for the prosecution to secure a conviction and avoid the cost of a full trial.
Pleading	A court document which explains the case relied on by the person making the claim or the person defending the claim (pleadings include the statement of claim, defence, and reply).
Police prosecutor (DFV)	This person can appear in court on behalf of the aggrieved. If an aggrieved would like the police prosecutor to represent them in court, then suitable arrangements should be made prior to the court appearance. The police prosecutor is able to represent the original aggrieved in an application for a protection order if a cross application is filed.
Police protection notice (PPN)	If a police officer reasonably believes domestic violence has been committed, the police office may (among other actions) issue a police protection notice, which prohibits a person (respondent) from committing an act of domestic violence towards another (aggrieved) and must be of good behaviour. A PPN may include a cool-down condition. A PPN is a short-term notice that becomes an application for a protection order heard by the court.
Post mortem examination	Latin: ‘after death’ - an autopsy, an examination of a corpse to determine the cause of death.
Practice direction	Procedural guidelines issued by judicial officers to complement existing legal rules, including with respect to courtroom appearances and case management.
Precedent	Also commonly referred to as ‘authority’, a precedent is a legal case establishing a law, principle or rule that a court or other judicial body may apply when determining similar cases.
Prejudice	A preconceived adverse judgment or opinion.
Premeditated crime	A crime committed with deliberate consideration and planning.
Premises in the ouster condition	Premises where the respondent has a legal or equitable interest, or where the aggrieved and respondent live together or previously lived together or where the aggrieved or a named person lives, works or frequents.
Pre‐sentence report	A report about the circumstances of a convicted offender, provided to the court to assist the sentencing process.
Pre‐trial hearing	A proceeding held before a trial, to clarify issues, argue the admissibility of certain evidence etc.
Prima facie	Latin: ‘on the face of it’ or ‘at first sight’ - a legal presumption that means that upon the initial observation, there is sufficient evidence that can be used to prosecute.
Privileged information	Information that is legally protected against disclosure.
Pro bono (services)	Means “for the good” and refers to professional legal services provided without charge.
Proceeding	A dispute commenced by a claim, or originating application, that has been filed in the court registry and has been given a court file number.
Prosecutor	A prosecutor is a person who conducts proceedings on behalf of the prosecution. For matters in a Magistrates or Childrens Court, the prosecution may be conducted by a police prosecutor who could be a police officer or a lawyer employed as a police prosecutor. For domestic and family violence matters, a Queensland police prosecutor may conduct proceedings on behalf of an applicant.
Protection order	A court order that prohibits one person (respondent) from committing an act of domestic violence towards another (aggrieved).
Psychological abuse	Behaviour by a person towards another person that torments, intimidates, harasses or is offensive to the other person.
Public gallery	A seating area at the back of the court for the public.
Quash a conviction	To set aside or annul a conviction.
Queensland Civil and Administrative Tribunal (QCAT)	A tribunal which determines minor civil disputes (such as consumer disputes, residential tenancies, and dividing fence matters), appeals against administrative decisions and hearings in relation to professional boards
Recognisance	A recognisance is a promise to be of good behaviour for a set period of time.
Re‐examination	A second chance for the defence or prosecution to ask questions of their own witness relating to evidence given during cross‐examination to clarify the evidence heard by the court.
Registered interstate order	A court order from another Australian state or territory that is registered in Queensland.
Registry committal	A committal that is dealt with in the registry of the court, without a hearing, using only documents filed by the parties.
Relief	The remedy for which the plaintiff, applicant, or claimant applies to the court, for example, damages.
Remand/Remand in custody	A court order to temporarily keep a person in custody pending further court appearances.
Re‐offend	To commit the same offence again.
Repeat offender	A person who repeatedly commits and is convicted of the same offence.
Reserved (judgment)	After the trial the judicial officer may spend time considering the evidence and deciding the issues before making a final decision - during this period of deliberation, judgment is said to be ‘reserved’.
Respondent	A person responding to/defending an interlocutory or originating application.
Respondent (DFV)	The person against whom the domestic violence protection order or a police protection notice is sought or made.
Return condition	Allows the respondent to return to the premises to recover stated personal property or to remove property.
Seek leave to appear	Asking a court’s permission to represent a party.
Seek leave to withdraw	Asking a court’s permission to remove oneself from a case.
Self-incriminating evidence	Evidence given by a witness in a trial or other legal proceedings that could subject them to criminal prosecution.
Sentenced to the rising of the court	A convicted offender is sentenced to stay in the custody of the court until the court is adjourned.
Sentencing options	A number of alternative sentences that the court can use.
Serve (DFV)	Delivery of the application or domestic violence order to the respondent - usually by the police. If the respondent is present in court, they do not have to be served with the order; however, they still need to be given a copy. If a respondent is a child under 18 years (or 18 and over only if ordered by the court), then a copy of all documents must be given to a parent of the child.
Service	The act of giving a court document to another party in a way specified by legal rules, so that it is more certain that the other person has received the document.
Show cause situation	A presumption that bail should not be granted unless the accused can satisfy the court otherwise.
Solicitor	A member of the legal profession who may give legal advice to, prepare cases for, and represents clients in court. Unlike a barrister, solicitors do not wear robes and wigs.
Spousal relationship	A spousal relationship exists between spouses.
Spouse	A spouse includes a de facto partner and civil partner - it also includes a former spouse of the person and a parent or former parent of a child of the person.
Statement	A witness’ written account of what they heard and saw - the witness usually gives a statement to a police officer who assists by asking relevant questions (criminal matters), in civil matters a statement may be taken by a party’s own solicitor.
Statute	Written law created or changed by Parliament.
Statutory declaration	A written statement declared to be true in the presence of an authorised witness - usually a Justice of the Peace, Commissioner of Declarations, or solicitor.
Stay (of proceeding)	A temporary or permanent suspension of a proceeding by order of the court.
Subjective elements	Elements that are based on feelings, beliefs and personal experience.
Submissions	The opinion, argument, etc put forward by a party in a court case.
Subpoena	A document issued by a court requiring the attendance of a person before the court to give evidence in person or to produce evidence to the court.
Summary (judgment)	Final judgment given in favour of one party against another party without a trial taking place.
Summary offence	A minor offence that is dealt with in the Magistrates Court.
Summons	A document issued by a court that initiates legal proceedings or requires a person to attend court.
Supervision	Help and guidance for criminal offenders provided by the Probation and Parole office.
Supreme Court	The Supreme Court is the highest state court. It is made up of the trial division and the Court of Appeal. It has unlimited jurisdiction and hears the most serious criminal and civil matters.
Surety	A person who takes responsibility for a bail applicant to assure the court that the bail applicant will fulfil their bail conditions by agreeing to forfeit an amount of money in the event of a breach of bail.
Suspect	A known person who is suspected by the police of committing a crime.
Suspended sentence	A sentence of imprisonment that is only required to be served if the accused commits another offence within a set period of time.
Sustain	To uphold or allow an objection in court made by the lawyer representing one of the parties in the matter.
Temporary order (DFV)	A temporary protection order is one that is made for a short period of time until a final decision on an application for a protection order is made by the court.
Tender (a document)	A party tenders a document when they ask the court to accept information contained in a document as part of the evidence to be considered in deciding the dispute.
Tender evidence	To formally offer a statement, legal documents or physical evidence to the court, during a hearing or trial, in support of one’s case. The tendered evidence, if accepted by the court, will be issued with an exhibit number.
Trial	Examination of evidence and applicable law by a court to determine the issues relating to specified charges or claims.
Unanimous verdict	A verdict that all of the jurors agreed to.
Unauthorised surveillance	Unreasonable monitoring or tracking of the person’s movements, activities or interpersonal associations without the person’s consent, including, for example, by using technology.
Under duress	When a person is compelled by threats or coercion to commit criminal acts or to give a confession or consent to something they are said to be ‘under duress’.
Vacate a court date	The cancellation of a pre-set date for a court hearing.
Variation of domestic violence order	Includes a variation of a condition, duration or the persons named in the order.
Verdict	A finding or decision of a jury on the guilt or innocence of the accused in a criminal trial.
Voir dire	Old French: ’to speak the truth’. A preliminary examination of prospective jurors or witnesses under oath to determine their competence or suitability.
Voluntary intervention order	An order that requires the respondent to attend an approved intervention program and/or counselling provided by an approved provider.
Weapon	This includes anything that has been used to threaten or injure the aggrieved, for example a martial arts weapon, a bat or even a dog. Information about such weapons, and any weapons licences, may be included in the domestic violence order.
Withdraw a question/comment	Retract a question that has been objected to by the opposition party.
Without admissions (DFV)	Where a person agrees to the making of a protection order, and being named as the respondent (a consent order), even though they do not admit to the allegations of domestic violence and the court has not made a finding that domestic violence has occurred.
Without prejudice	Use of these words indicates to the opposing party that the communication contains statements made in a genuine attempt to negotiate a settlement of the dispute, and that the writer/speaker relies on the legal rule which prevents such statements from being later tendered in court if the dispute is not resolved.
Writ	An order made by a court requiring specific action from a person or prohibiting them from doing certain things.