DV Charges
Court Process From Charge to Sentence
If you have been charged with a domestic violence offence in Queensland, the court process has several stages — and nothing is decided at the first one. Before any outcome is reached, the evidence has to be gathered, your lawyer needs to review it, and decisions need to be made about how to proceed. Those decisions shape the outcome more than the charge itself. Other pages cover what the DV flag means for your charge , your bail conditions , and what happens if a protection order is breached . This page is about the court process for the criminal charge — what happens at each stage, and where…
What Happens When You Are Charged
When police charge you with a domestic violence offence, two things happen at once. First, you are either released on bail — with conditions that take effect immediately — or held in custody until your first court appearance. If you were not arrested, you received a notice to appear setting out the charge and your court date. Either way, bail conditions are almost certainly in place. What each…
Your First Court Date
Your first court date is called a mention. It is not a hearing — no evidence is called, no witnesses give evidence, and nobody asks whether you are guilty or not guilty. A mention is an administrative appearance where the court checks where the matter stands and sets the direction for what comes next. At a first mention in the Cairns Magistrates Court : Bail is confirmed or varied. If you are on…
The Evidence Against You
Before any decision can be made about your plea, the prosecution must hand over the evidence it is relying on. This is called the prosecution brief. Until Sacha has reviewed it in full, no informed decision about how to proceed can be made. The brief typically includes: The police summary of facts — called the QP9. This is the document the Magistrate reads if you plead guilty. It sets out the…
Guilty Plea or Defended Hearing
Once the evidence has been reviewed, the question is whether to plead guilty or defend the charge. This is the decision that determines how the rest of the process plays out. Sacha advises on prospects based on the actual evidence — not a general sense of whether the charge seems unfair. When a guilty plea is the right course. If the evidence supports the charge and there is no realistic defence,…
Sentencing
If you plead guilty — or are found guilty after a hearing — the court imposes a sentence. The range for domestic violence offences is wide. Where you land within it depends on the charge, the evidence, your history, and the material put before the Magistrate. No conviction recorded. Under section 12 of the Penalties and Sentences Act 1992 (Qld), the Magistrate can find the offence proved but…
After Court
The court appearance is not the end of it. Several consequences follow — some lasting years. The DV notation on your criminal history. Under section 12A of the Penalties and Sentences Act 1992 , every domestic violence offence is recorded as such on your criminal history — whether or not a conviction is recorded. Even in the best outcome, the notation is there. It is visible to police,…
Fixed Fees
- DV Criminal Charge — $4,800
- Show Cause Bail — $5,500
- Summary Hearing — $5,500
- Bail Application — $3,800
- DVO — Consent — $2,500