DV Charges
Court Process From Charge to Sentence
You have been charged with a domestic violence offence. You have bail conditions , a court date, and probably a protection order application running alongside the criminal charge. There is a process ahead of you — and understanding what happens at each stage changes the decisions you make from the start. This page walks through the entire process from charge to outcome. Other pages cover what the DV flag means for your charge , your bail conditions , and contravention of a DVO . This page is about the process itself — what happens, when, and where you need to be making decisions rather than…
Being Charged — What Happens First
If you were arrested, you were taken to the watch-house. Police either released you on bail with conditions — no contact with the aggrieved, exclusion from the home, sometimes curfew and reporting — or they held you in custody to appear before a Magistrate at the next sitting day. Those conditions are binding from the moment you sign the bail undertaking. See DV Bail Conditions for what each one…
Your First Court Date
Your first court date is a mention. Nothing is decided. No evidence is called. The Magistrate does not ask you whether you are guilty or not guilty. A mention is an administrative appearance — the court checks where things are at and sets a direction for what happens next. At a typical first mention for a DV charge in the Cairns Magistrates Court : Your bail is confirmed or varied. If you are on…
The Prosecution Brief
The prosecution brief is the evidence police rely on to prove the charge. Until your lawyer has reviewed it in full, no informed decision about what to do next can be made. Do not plead guilty at a mention because you feel pressured, because you want the process over with, or because you think the charge is straightforward. Wait for the brief. A typical DV brief includes: The QP9. The police…
Plea or Defend — The Decision
Once the brief has been reviewed, the question is whether to plead guilty or to defend the charge. Everything from here depends on that decision. When a guilty plea makes sense If the evidence supports the charge and there is no realistic defence, an early guilty plea produces the best sentencing outcome. The court gives credit for an early plea — it shows acceptance of responsibility and saves…
Pleading Guilty — What Happens in Court
If you are pleading guilty, the matter is listed for a plea and sentence hearing. The appearance is short — usually 15 to 45 minutes. The preparation is not. The charge is read. The Magistrate reads the charge to you. You say "guilty." The prosecution reads the facts. The prosecutor reads the QP9 aloud. If the facts have been negotiated, the agreed version is what goes before the court. Your…
Defending the Charge
If you are defending the charge, the matter is set down for a contested hearing. Both sides present evidence. The Magistrate decides whether the prosecution has proved the charge beyond reasonable doubt. If it has not, you are acquitted. No conviction. No penalty. No DV notation . Summary offences — heard in the Magistrates Court Most DV charges are dealt with summarily — common assault, AOBH…
Sentencing — What the Court Considers
If you plead guilty — or are found guilty — the court imposes a sentence. The range for DV charges is wide. Where you land within it depends on the facts and on what material is put before the Magistrate. The options — from least to most serious No conviction recorded. Under section 12 of the Penalties and Sentences Act 1992 (Qld), the Magistrate can find the charge proved but choose not to record…
After Court — What Follows
The court appearance is not the end of it. Several things follow — some of which last years. The DV notation Under section 12A of the Penalties and Sentences Act 1992 , if the offence is a domestic violence offence, it is recorded as such on your criminal history — whether or not a conviction is recorded. Even in the best-case scenario — no conviction recorded, a fine, a bond — the DV notation is…
Fixed Fees
- DV Criminal Charge — $4,800
- Show Cause Bail — $5,500
- Summary Hearing — $5,500
- Bail Application — $3,800
- DVO — Consent — $2,500