What happens after court
Every matter that comes before the court is dealt with on its own merits which is why outcomes are different for each person.
This page has information about the kind of sentences the court can impose but remember, your matter is unique to you, so your lawyer is the best person to talk to.
Sentencing
Sentences are the penalties imposed by courts for breaking the law.
Non-custodial sentences are penalties that don’t include time in prison. Custodial are penalties that do include time in prison.
Diversions
A diversion program gives the person to account for their actions and make amends, but avoid a criminal record.
Diversion programs usually involve court orders to perform activities such as completing treatment or behaviour change programs, or writing a letter of apology to the victim.
Once successfully completed, the police drop the charges, there is no finding of guilty, and no criminal record.
Diversion programs usually go for a year.
Adjourned undertaking
If a magistrate finds the person guilty but releases the person to the community, this is called an adjourned undertaking.
An 'undertaking' is the person's promise to the court to follow the courts instructions, be of good behaviour, and not offend again. A magistrate may add 'conditions' to the adjourned undertaking, for example the person may be ordered to get drug treatment, or stay away from certain places.
A magistrate may give an adjourned undertaking with or without a conviction.
Fines
On a finding of guilt, a magistrate may order a sum of money be paid in set period of time. This is a a fine and may be imposed without a conviction.
You’ll find more information at fines.vic.gov.au (External link) or Fines and Penalties (External link)at the Magistrates’ Court website.
Community Correction Order (CCO)
A CCO is an order imposed by a magistrate that allows the person to remain in the community. Orders come with conditions, which may include
- unpaid community work
- job training
- treatment and rehabilitation program
- not associating with a person or group of people
- not going to certain places, including pubs, parts of the city
- restrictions on where you can or cannot live
The maxim length for a CCO is two years. A breach of the order can result in an immediate jail term.
Custodial sentence
If the person is found guilty of a serious offence the person may have to serve time in prison. This is called a 'custodial sentence'.
Other
In addition to any of the above penalties, the court may suspend or cancel a person's driving licence, order the person to pay financial compensation to the victim, or pay for for any damage to property caused by the crime.
Intervention orders
The best people to get information from are your lawyer, our Registrars, or your case workers but here's some simple information about about Family Violence Intervention Orders.
What is an intervention order
A family violence intervention order is a legal order made by a Magistrate to protect people from further family violence.
The person who takes out the order is called the 'applicant' or 'protected person'. The person who it is taken out against is called 'the respondent'.
Intervention orders are made up of a list of conditions. Conditions set boundaries for how, when, and where people have anything to do with each other and/or other members of a family.
There are many conditions, here are some examples that a respondent must comply with:
- No contact by text, phone calls, or social media
- No access to the home
- No threats
- No going to children’s school/childcare
- No going to the applicant’s workplace or gym
Conditions also make it a criminal offence to get someone else to act abusively. The Magistrate decides how long an intervention order stays in place.
Immediate protection
It can take around a week or two for a court to issue an intervention order. This is why the police can issue a family violence safety notice until the matter goes to court.
The court can also issue an interim order that will protect the person until the full intervention order is made.
Breaching an order
Intervention orders do not mean the respondent gets a criminal record. But if the respondent disobeys any of the conditions (this is called breach or a contravention) the police may arrest the respondent, lay criminal charges, and the respondent will get a criminal record, and could face time in jail.