Diversion Lawyers Melbourne
Diversion Lawyers Melbourne
Avoid a Criminal Record with Melbourne’s Trusted Diversion Lawyers
Your Second Chance Starts Here.
Diversion Lawyers Melbourne
Diversion Lawyers Melbourne
One Chance at Diversion. One Team That Gets Results – Because Your Future Matters.
At Ondrik Lawyers, our experienced Diversion lawyers in Melbourne have a proven track record of helping clients avoid criminal convictions—even in the most challenging circumstances.
We understand the serious and lasting impact a criminal record can have on your life, including your career, finances, travel, and reputation. That’s why we’re committed to giving you the best possible chance of securing a Diversion outcome.
If you’ve been charged with a criminal offence, don’t risk your future, get in contact with our diversion lawyers today.
What is Diversion?
Diversion is an opportunity for a person charged with a relatively minor criminal offence to
- avoid a criminal record;
- avoid the recording of a conviction and
- avoid a finding of guilt.
In other words, it’s a second chance to keep your record clean.
Diversion is generally suitable for first-time offenders (because the goal is to divert people away from the criminal justice system), however a person with prior convictions may still be considered for diversion.
If Diversion is granted, you can be placed on a Diversion Plan (for up to 12 months).
The Importance of Early Legal Advice
If the police (the Informant) have not initially recommended Diversion, the prosecution will need to be persuaded. In some cases, the Informant recommends Diversion but the Prosecution refuse to accept the recommendation. This is where our expertise comes in. Our Diversion Lawyers in Melbourne will:
– Prepare a compelling case on your behalf
– Negotiate directly with the prosecution
– Alleviate the stress and uncertainty of the legal process
We’ll also advise you on proactive steps you can take to strengthen your application before negotiations begin.
Once Diversion is recommended by the prosecution, your matter will be listed for a Diversion hearing in court.
What to expect at a Diversion Hearing
Our Diversion Lawyers will:
– Assist you in completing the required Diversion questionnaire
– Compile and submit all supporting documentation
– Represent you at the hearing and make oral submissions if needed
A Judicial Officer (Magistrate or Judicial Registrar) will then decide whether Diversion is appropriate in your case.
Why a Diversion Outcome Matters
A criminal record can have long-lasting consequences, including:
– Limiting career opportunities
– Affecting future job and volunteer applications
– Restricting overseas travel
– Impacting your financial and personal life
Our goal is to help you avoid these outcomes by securing the best possible result through Diversion.
Why a Diversion Outcome Matters
A criminal record can have long-lasting consequences, including:
– Limiting career opportunities
– Affecting future job and volunteer applications
– Restricting overseas travel
– Impacting your financial and personal life
Our goal is to help you avoid these outcomes by securing the best possible result through Diversion.
Am I Eligible for Diversion in Victoria?
Whether you qualify depends on several factors, including:
– The nature and seriousness of the offence
– Your personal circumstances
– The strength of your case preparation
To be eligible for Diversion in the Magistrates’ Court:
a) the offences you are charged with will need to be the type of offence that can be heard and determined in the Magistrates’ Court. There are some offences which are excluded from being eligible for Diversion.
b) you will need to acknowledge responsibility for the offence(s); and
c) The prosecution must consent to Diversion.
If the prosecution do not consent to Diversion, you will not be considered for Diversion by a Magistrate.
If, however, you have satisfied a), b) and c) above, then your case will come to Court for a Diversion Hearing and a Judicial Officer (a Magistrate or a Judicial Registrar) will consider whether to grant Diversion in your case.
Our diversion lawyers in Melbourne will assess your situation and provide tailored legal advice to maximise your chances of being granted Diversion.
Can I get Diversion for all criminal charges including Family Violence?
As mentioned above, the offences you are charged with will need to be the type of offence that can be heard and determined in the Magistrates’ Court and some offences are excluded from being eligible for Diversion. Our Melbourne criminal lawyers will assess your case and give you advice about whether you would be eligible for Diversion.
We have successfully applied for and have had Diversion granted in cases where our clients have been charged with, for example:
- Assault related offences such as: unlawful assault; recklessly cause injury; intentionally cause injury; assault by kicking
- Affray
- Theft
- Obtaining property by deception
- Family violence matters
- Contravention/breach of intervention orders including persistent contravention of intervention orders
- Dealing with proceeds of crime
- Trafficking in a drug of dependence
- Wilful damage of property and criminal damage
- Resist police
- Enter a public place without lawful authority
- Refusing to leave licenced premises
- Drunk and disorderly
- Various Road Safety Act offences (such as careless driving, failing to stop after an accident, tamper with motor vehicle, and others)
You want the best medical care to protect your health, and that of your family. Likewise, you want the best criminal lawyers to protect your future, so contact Ondrik Lawyers today and we will represent your best interests at every step of the way.
How Ondrik Lawyers Can Help You Get Diversion
You only get one chance at Diversion—so preparation is critical.
Our Diversion Lawyers will:
- Assess your eligibility and advise you on your options
- Prepare persuasive submissions and supporting materials
- Negotiate with the prosecution on your behalf
- Guide you through every step of the Diversion process
- Represent you at your Diversion Hearing
We tailor our approach to your unique circumstances and work tirelessly to protect your future.
Contact Our Melbourne Diversion Lawyers Today
CASE STUDIES
Diversion for Affray
ALLEGATIONS:
Our client and his friends became involved in a physical altercation with other patrons in a nightclub venue which continued outside the venue once ejected from the club. The fight involved punching and one of the victims was struck over the head with a glass bottle. The incident was captured on CCTV.
CHARGES:
Our client was charged with:
- Affray (section 195H(1) Crimes Act (Vic) 1958 – max penalty 5 years imprisonment)
- Intentionally Cause Injury (under section 18 of the Crimes Act (Vic) 1958, maximum penalty of 10 years imprisonment)
- 3x Recklessly cause injury (section 18 Crimes Act (Vic) 1958 – max penalty 5 years imprisonment)
- Behave in a riotous indecent offensive or insulting manner (section 17(1)(d) Summary Offences Act (Vic) 1966 – max penalty 10 penalty units or imprisonment for 2 months)
OUTCOME:
Upon being engaged to act on our client’s behalf, our criminal defence lawyers promptly obtained all relevant evidence from police, including CCTV footage, to thoroughly assess potential defences and identify weaknesses in the prosecution’s case. The footage provided critical insight into the extent of our client’s involvement in the incident, which, combined with his instructions, enabled us to formulate a tailored and effective case strategy.
Leveraging this preparation, we entered into early and constructive negotiations with the prosecution. As a result, we successfully persuaded them recommend Diversion on a single charge of Affray and to withdraw the remaining charges.
Despite Affray being a serious indictable offence carrying the potential for imprisonment, our criminal defence lawyers prepared and delivered comprehensive written and oral submissions to the Court. These submissions ultimately persuaded the Magistrate to grant Diversion.
As a result, our client avoided a criminal record, preserving his employment and safeguarding his future.
Through early evidence analysis, strategic negotiation, and persuasive advocacy, our criminal lawyers secured a Diversion outcome for a client facing a serious indictable charge. This outcome ensured the withdrawal of multiple charges and protected the client from a criminal record, allowing him to maintain his career and future opportunities.
Diversion for Persistent Contravention of Family Violence Intervention Order
ALLEGATIONS:
Our client was the respondent to a Family Violence Intervention Order (FIVO) that had been taken out by police on behalf of his ex-wife (the protected person). The FIVO was a full no-contact order and had been in place for over 4 months. Over a 6 day period, our client breached the intervention order by contacting the protected person more than 40 times by text message and telephone call.
When interviewed by police, he made full admissions to sending the text messages and making the phone calls.
He had a prior criminal history including for offences of theft, trespassing, possession of a drug of dependence and various driving-related offences.
CHARGES:
Our client was charged with:
- 6x Contravention of Family Violence Intervention Order (section 123(2) of the Family Violence Protection Act (Vic) 2008 – penalty maximum 2 years imprisonment or a maximum fine of 240 penalty units or both)
- Persistent Contravention of Family Violence Intervention Order (section 125(1) Family Violence Protection Act (Vic) 2008 – max penalty 5 years imprisonment or a maximum fine of 600 penalty units or both)
OUTCOME:
Our client contacted our criminal lawyers after he was charged by police. Upon engagement, we immediately obtained the police brief and took detailed instructions from our client. Despite the challenging circumstances including the nature of the allegations being one involving family violence, and the client’s prior criminal record, our diversion lawyers remained focused on achieving the best possible outcome. We developed a strategic case plan and began early negotiations with both the police and prosecution to seek a recommendation for Diversion.
Thanks to our thorough preparation and persuasive submissions:
- All six charges of contravening a Family Violence Intervention Order were withdrawn.
- A Diversion recommendation was secured on a single charge of persistent contravention of a Family Violence Intervention Order.
- At the Diversion hearing, the judicial officer granted Diversion, placing our client on a six-month Diversion plan.
- The client successfully completed the plan and avoided a criminal record for a family violence-related offence.
Our diversion lawyers’ strategic preparation and skilled advocacy once again achieved a highly favourable outcome for our client. Despite the seriousness of the allegations, we secured a Diversion, protecting our client from a criminal conviction for family violence — safeguarding his reputation, employment, and future.
Diversion for Recklessly Cause Injury
ALLEGATIONS:
Our client suspected that the victim was involved in an extramarital relationship with his wife. Acting on this belief, he sent a text message to the victim while impersonating his wife, arranging a meeting at the rear of the hotel where the victim was employed. The victim attended the location under the impression he would be meeting with our client’s wife, but instead encountered our client. A heated exchange ensued, during which our client physically assaulted the victim by grabbing him, delivering a headbutt, and punching him in the face eight times. The assault resulted in a deep, 1cm laceration above the victim’s eye, along with significant bruising and swelling to his face and ear. The incident was recorded on CCTV.
CHARGES:
Our client was charged with:
- Intentionally Cause Injury (under section 18 of the Crimes Act (Vic) 1958, maximum penalty of 10 years imprisonment)
- Recklessly cause injury (section 18 Crimes Act (Vic) 1958 – max penalty 5 years imprisonment)
- Unlawful Assault (section 23 Summary Offences Act (Vic) 1966 – penalty: 15 penalty units or 3 months imprisonment)
OUTCOME:
Prior to participating in a police interview, our client contacted our criminal lawyers. We promptly obtained his instructions and provided strategic legal advice to guide him through the interview process.
Following the interview, we worked closely with our client to prepare his case and proactively implement measures aimed at enhancing his eligibility for a diversion recommendation. This preparation enabled our legal team to engage in effective negotiations with both the police informant and the prosecution, ultimately securing a recommendation for Diversion and the withdrawal of the charges of Intentionally Cause Injury and Unlawful Assault.
The matter proceeded to a Diversion hearing, during which the presiding judicial officer initially refused to grant Diversion in chambers, citing concerns regarding the premeditated nature and seriousness of the offence. However, following persuasive oral submissions by our experienced diversion lawyers, the judicial officer reconsidered and granted Diversion.
Our client was placed on a six-month Diversion plan, which he completed successfully.
Through early legal intervention, strategic preparation, and skilled advocacy, our Melbourne diversion lawyers successfully secured a Diversion outcome for our client in a serious assault matter. This outcome not only resulted in the withdrawal of 2 charges, but also protected our client’s professional and personal future by avoiding a criminal record.
Diversion for Obtaining Property By Deception
ALLEGATIONS:
Our client listed a Chanel-branded handbag for sale on “Gumtree” under an alias, advertising it for $4,000. The buyer transferred $4,015 covering the sale price and an additional $15 for express postage, into a bank account nominated by our client.
After the transaction, the buyer attempted to contact our client multiple times over the following days but received no response. Our client later reached out to request an additional $500, which the buyer declined. Subsequently, our client sent a screenshot of a falsified tracking number, suggesting the item had been shipped. No further communication was received from our client, and the handbag was never delivered.
Police investigations traced the mobile number used in the advertisement and the bank account details provided to the buyer. This led to the identification of our client, who was interviewed by police and admitted to receiving the funds without sending the handbag.
CHARGES:
Our client was charged with:
- Obtain Property By Deception (section 81, Crimes Act (Vic) 2008 – penalty maximum 10 years imprisonment)
OUTCOME:
Our criminal law team was engaged after our client was charged by police. With no prior history of offending, she was understandably anxious about the potential impact a criminal record could have on her employment and her pending application for permanent residency.
Upon receiving instructions, we acted swiftly, gathering compelling supporting material and preparing a strong case to advocate for a diversion outcome. This proactive approach allowed us to enter early and effective negotiations with both the police informant and the prosecution, well ahead of the first court date.
As a result, we successfully secured a recommendation for Diversion, which was granted at the Diversion Hearing. Our client was placed on a six-month Diversion plan, which she completed without issue.
Our client avoided a criminal record, retained her job, and was able to continue with her permanent residency application with confidence. This case highlights the value of early legal intervention and strategic advocacy in protecting our clients’ futures.
client
testimonials:
Real Results
I can’t believe it’s all over now! You never know what can happen in your life. One day you can find yourself arrested for protecting your family – having no idea what to do and no one to ask for help.
I’m so happy my husband called Olinka that day.
Initially, it wasn’t looking promising. The police and the Judge were of the view that the charges were too serious. But Olinka managed to get the prosecutor on-side. And on the final hearing in Court the Judge was persuaded to change her initial views and agreed to grant the Diversion.
The case is completely discharged with NO criminal record – what a great outcome!
It just shows how important it is to get a legal advice immediately. Unfortunately not too many people do that.
I’m so glad that we trusted Olinka with our future. She showed her best and saved our family.
We are immensely grateful for all her help and highly recommend to anyone being in trouble with the Law.
Victoria: 17 Reviews 5/5 Stars
They successfully negotiated my criminal charges to diversion order and further reduced the timeframe of my diversion plan to only 14 days while i was previously advised by another lawyer diversion is not possible in my case. I glad that i made the quick decision to switch my case to them with favourable outcome and save my career and future. Many thanks to them !!!
CC: 1 Review 5/5 Stars
Frequently Asked Questions
It All Starts With a consultation!
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We take great pride in assisting our clients and look forward to hearing from you.
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Ondrik Criminal Lawyers
Level 19
263 William Street
MELBOURNE VIC 3000