Charged With Domestic Violence in Tasmania - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Charged With Domestic Violence in Tasmania - What Happens Now?

If you've been charged with domestic violence in Tasmania, you're facing serious criminal allegations that can result in imprisonment, hefty fines, and permanent criminal records. Tasmania police have mandatory arrest policies for domestic violence, meaning charges often proceed even without victim cooperation. You need immediate legal representation - call 1300 636 846 now or book urgently at gotocourt.com.au/book. The decisions you make in the next 24-48 hours will directly impact your freedom, employment, and family relationships.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer immediately. Domestic violence charges in Tasmania carry maximum penalties of up to 21 years imprisonment for aggravated family violence, and even first-time offenders face real prospects of jail time. Without proper legal representation, you risk accepting inappropriate charges, missing critical defence opportunities, and receiving harsher penalties than necessary.

A skilled criminal lawyer can challenge evidence, negotiate charge reductions, argue for non-custodial sentences, and protect your interests in parallel family law proceedings. Tasmania Magistrates Court sees hundreds of these cases monthly - self-represented defendants consistently receive worse outcomes than those with experienced representation.

The prosecution has experienced lawyers and unlimited resources. Police statements, witness testimonies, and evidence collection all favour the prosecution unless challenged properly. Don't face this alone - call 1300 636 846 for immediate legal advice.

What Happens Next - The Process

1. Initial Court Appearance (within 48 hours if in custody): You'll appear before Hobart, Launceston, Burnie, or Devonport Magistrates Court. Bail conditions typically include no contact orders and exclusion from shared residences.
2. Mention Hearing (2-4 weeks later): Your lawyer receives police brief, reviews evidence, and discusses potential plea negotiations with prosecution.
3. Case Conference (if contested): Pre-trial meeting to resolve disputed facts and narrow issues for trial. Critical for charge negotiations.
4. Committal Hearing (serious charges only): If charged with aggravated offences, case moves to Supreme Court of Tasmania via committal proceedings.
5. Trial or Sentencing: Either contested hearing before magistrate/judge, or sentencing if pleading guilty. Outcomes range from dismissed charges to immediate imprisonment.
6. Family Violence Order Hearing: Separate civil proceedings often run parallel, affecting property, children, and ongoing contact arrangements.

Each stage has strict deadlines and procedural requirements. Missing court dates results in arrest warrants. Get legal representation immediately to navigate this complex process - book online at gotocourt.com.au/book.

The Law in Tasmania

Tasmania's domestic violence laws are found primarily in the Family Violence Act 2004 (Tas) and Criminal Code Act 1924 (Tas). The legislation defines family violence broadly, covering physical violence, sexual abuse, emotional abuse, economic abuse, threatening behaviour, coercive behaviour, and behaviour causing children to hear or witness family violence.

Key offences and penalties include:

• Common Assault (family violence context): Maximum 2 years imprisonment and $26,100 fine under Criminal Code Section 184
• Assault causing bodily harm: Maximum 2 years imprisonment under Section 172
• Aggravated assault: Maximum 21 years imprisonment under Section 172A
• Stalking: Maximum 2 years imprisonment and $26,100 fine under Section 192
• Breach of Family Violence Order: Maximum 2 years imprisonment and $26,100 fine

The Family Violence Act 2004 creates a mandatory arrest policy - police must arrest if they reasonably believe family violence has occurred, regardless of victim wishes. Section 14 requires officers to consider victim safety, offence seriousness, and reoffending likelihood when making arrest decisions.

Protection orders are automatically considered under Section 15, often resulting in immediate no-contact conditions and residence exclusions. These civil orders operate independently of criminal charges and can remain in place for years.

Mistakes to Avoid

1. Speaking to police without a lawyer present: Clients often try explaining their side or providing context, inadvertently making admissions that become evidence against them. Police interviews are designed to gather prosecution evidence - not hear your explanation. Exercise your right to silence and demand legal representation immediately.

2. Breaching bail conditions or protection orders: Even seemingly innocent contact through social media, mutual friends, or "accidental" encounters can result in additional charges. We regularly see clients facing fresh charges for trying to reconcile or collect personal belongings without court permission. These breaches often carry harsher penalties than original charges.

3. Assuming victim reconciliation will end proceedings: Tasmania operates under mandatory prosecution policies - charges proceed regardless of victim cooperation or forgiveness. Attempting to pressure victims to withdraw complaints can result in additional intimidation or perverting justice charges.

4. Ignoring parallel family law implications: Criminal charges directly impact Family Court proceedings regarding children, property, and spousal maintenance. Poor handling of criminal matters often results in adverse family law outcomes including supervised contact arrangements and property settlement disadvantages.

5. Delaying legal representation until trial: Early intervention allows lawyers to influence police investigations, negotiate charges, and prepare comprehensive defence strategies. Last-minute representation limits options and often results in guilty pleas to inappropriate charges.

Each mistake compounds your legal problems exponentially. Call 1300 636 846 immediately to avoid these costly errors.

Likely Outcomes and Costs

With proper legal representation, first-time offenders often achieve non-custodial outcomes including good behaviour bonds, community service, or conditional dismissals. Experienced lawyers routinely negotiate charge reductions - turning aggravated assault charges into common assault, or securing alternative resolutions through diversion programs.

Realistic outcomes with legal representation:

• Charge withdrawal or dismissal: 15-20% of cases with strong defence strategies
• Diversion programs: Available for first-time offenders on minor charges
• Good behaviour bonds: 40-50% of first-time common assault cases
• Fines and community service: Alternative to imprisonment for moderate charges
• Suspended sentences: Imprisonment orders served in community under strict conditions

Self-represented defendants consistently receive: Harsher penalties, inappropriate guilty pleas, and missed defence opportunities. Tasmania Magistrates Courts show little patience for unprepared defendants, and prosecution lawyers exploit procedural inexperience ruthlessly.

Legal costs typically range:

• Fixed consultation: $295 (Go To Court Lawyers standard rate)
• Guilty plea matters: $3,500-$8,000 depending on complexity
• Defended hearings: $8,000-$15,000 for magistrates court trials
• Supreme Court matters: $20,000+ for serious aggravated charges

Compare legal fees against potential consequences: criminal convictions affect employment, travel, professional licensing, and family relationships permanently. The cost of not having proper representation far exceeds legal fees.

How Go To Court Lawyers Can Help

Go To Court Lawyers operates Tasmania's largest criminal law practice, with experienced domestic violence lawyers in Hobart, Launceston, and Devonport. Our 800+ lawyers nationally handle thousands of family violence cases annually, achieving consistently superior outcomes through early intervention, thorough case preparation, and aggressive advocacy.

Our Tasmania domestic violence legal services include:

• 24/7 emergency legal advice: Call 1300 636 846 anytime for immediate assistance
• Urgent bail applications: Getting you released from custody quickly with reasonable conditions
• Charge negotiations: Reducing charges through early prosecution discussions
• Defence case preparation: Comprehensive evidence review, witness statements, expert reports
• Trial advocacy: Experienced court representation across all Tasmanian courts
• Family law coordination: Managing parallel proceedings to protect your interests comprehensively

Why choose Go To Court Lawyers:

• Proven track record: 4.5/5 stars from 780+ client reviews
• Fixed fee consultations: $295 provides comprehensive case assessment and strategic advice
• Immediate availability: Same-day appointments and emergency court representation
• Local expertise: Deep relationships with Tasmania prosecutors, magistrates, and court staff
• National resources: Access to specialist barristers, expert witnesses, and case precedents

Don't let domestic violence charges destroy your future. Our experienced criminal lawyers are standing by to protect your rights and achieve the best possible outcome.

Call 1300 636 846 now for immediate legal advice, or book your fixed-fee consultation online at gotocourt.com.au/book. Time is critical - every hour you delay weakens your defence position.