Assuming this is your first mention of the matter, all the judge will be doing is:
- Assessing the elements required for a DVO on a prima facie basis, that is:
- That a relevant relationship exists; and
- That the complaints filed with the application constitute domestic violence;
- Asking what your husband, as the respondent, would like to do in this situation, usually either:
- Consent without admissions to the order being made; or
- Contest the DVO at trial; or
- Adjourn the matter for another mention in future.
If he decides to consent to the order without admissions, then the order will go into place as is.
If he decides to contest the DVO at trial, then he will be given a trial date (usually about three months after the mention), plus a list of documents he will need to file and when to prepare for trial.
If he adjourns, the matter will simply be held over until the next mention date.
It's when the judge asks what your husband would like to do that he can state he would be open to consenting to the DVO without admissions provided the children are removed as named parties, or otherwise that he will contest the DVO at trial.
Technically, it's always best to get a lawyer, but at a mention, they cost money with not a great deal of purpose because a mention isn't terribly insightful nor decisive. There's no cross-examination, no need to prepare affidavits, no evidence to present and no points to prove to the Court, it's literally just the judge reading over the application and then asking what the respondent wants to do, so it's usually fairly safe for a party to self-represent at this point and get a lawyer later on. With that said, if your husband is not confident or familiar with Court proceedings, he may find comfort in having a lawyer present, but most respondents don't bother with a lawyer at first mention.
The Court will ordinarily have a duty lawyer available on the day for free legal advice before your matter is heard, so it may be worth having a chat with them first, if he decides to self-represent. You might also like to give Legal Aid a call before the trial to see if you can book a free consultation for legal advice.