Once a crime is reported to the police it is up to them, not the victim, whether to proceed or not. A person arrested and charged by the police will be prosecuted by the police or the Director of Public Prosecutions (depending on the seriousness of the offence). At this time the respondent on an intervention order will become a defendant in the criminal proceedings. The police will decide how the case is conducted and the victim will have no real say in the matter and often will have little contact unless the person charged pleads not guilty.

The case will first come before the Court for a short hearing (called a first return day or mention). If the defendant was arrested, this will usually be within a few weeks after the charge is laid, or the very next day if the defendant was not granted bail. Defendants who are not arrested after the incident will receive a summons at a later date. Once an Information and Summons is filed with the Court, it needs to be served as soon as practicable on the defendant (at the latest, at least 7 days before the first court date). Usually, a defendant will have to appear in court several weeks after receiving the summons.

The first hearing is only to allow the Court to find out what each side intends to do about the charge and is not a full hearing of the case. The defendant is asked to plead guilty or not guilty. If pleading guilty, the Court will listen to the police facts, hear what the defendant or their lawyer has to say about those facts or the appropriate punishment, and then impose a punishment. The prosecutor will give to the Court a victim impact statement which tells the Court the effects of the offence on the victim. If the defendant pleads not guilty, the Court will set a new hearing date (the trial date) which will be months away and, in the majority of cases, release the defendant on bail until then [see Bail]. The defendant may also ask the Court to adjourn the hearing to seek legal advice.

The victim will usually be the main and sometimes the only witness to the violence and their evidence will be vital to the prosecution case. Without it, the case will usually be dismissed. Special court procedures are in place to allow a victim to give their evidence via audio or audiovisual recording [see Evidence of victims of domestic violence offences].

To prove a charge, the prosecution must prove the case beyond a reasonable doubt.

A defendant who is found guilty of a charge or who pleads guilty may be imprisoned, fined, or put on a good behaviour bond.

In an emergency: 000

For police attendance: 131 444

Domestic Violence Crisis Line: 1800 800 098

1800 RESPECT: 1800 737 732