What sentence could my partner get?

If the judge decides your partner is guilty, the judge must also decide on an appropriate sentence. The Crown and your partner’s lawyer can both tell the judge what they think the sentence should be. But it is up to the judge to make the final decision.

The judge decides an appropriate sentence based on:

how serious the crime was
the impact it had on you and your children
the importance of ending family violence in the society
your partner’s criminal record

Victim impact statement

Before the judge sentences your partner, you can tell the judge about the effect the violence has on you and your family. You can do this by preparing a victim impact statement.

VWAP workers can help you prepare your victim impact statement. The Crown must give a copy of your statement to your partner or their lawyer. The judge may ask you some questions about it, but usually they do not. You or your partner can also use the victim impact statement in any
family court case that happens after the criminal trial.

Types of sentences

If the judge decides that your partner is guilty, the judge must also decide whether or not your partner should get a criminal record.

If the judge believes your partner should get a criminal record, then the judge can order one of these sentences:

A suspended sentence: your partner gets a criminal record but there is no punishment.
A conditional sentence: your partner does not have to go to jail, but they must follow certain conditions for a specific amount of time. If they do not follow the conditions, they might have to spend the rest of the time in jail.
Jail time: your partner must spend a specific amount of time in jail.
A fine: your partner must pay the court money. This is not a common sentence in family violence cases.
Restitution: your partner must give you money for damaging your property or injuring you.

If the judge does not think your partner should have a criminal record, the judge may give your partner a “discharge”. This means that your partner is guilty, but there is no punishment and no criminal record. Even if the judge gives your partner a discharge, they can still order your partner to follow certain conditions, called probation.

Probation

Probation is when your partner must follow certain conditions, similar to bail conditions. Judges often add probation to sentences. If the judge sentences your partner to jail time, then probation might start after they get out of jail. If your partner is not sentenced to jail time, then probation might start right away.

Some of the most common probation conditions are about contact. For example, your partner might have to:

Have no contact or communication with you.
Only contact you if you give permission in writing to your partner’s probation officer. You can always change your mind and cancel your permission.
Not come close to you, your home, or your workplace.
Only contact you and the children if a family court order says so.

Other common probation conditions your partner might have to follow:

Support you or your children financially.
Report to a probation officer regularly.
Do not use alcohol or drugs.
Take part in counselling for substance abuse, partner abuse, or anger management.
Not own or carry a weapon.

If the judge adds probation to your partner’s sentence, VWAP, the Crown, or court staff can give you a copy of the probation order.

If you have a family court case, you should tell your family lawyer or the family court about your partner’s probation. Sometimes a family court judge might have to change your court order so that it can work with your partner’s probation conditions.

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