For which family violence dispositions must the offender bear the costs, and when may the state instead take them on?
General information · Not legal advice
Material to check
For this exercise, the practice file would hold the referral decision or the protective disposition order, so the reader can see which numbered ground it was made under, and any paper showing the offender's means of payment, on which the exception for a person without ability to pay turns.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the list at its word: a family violence offender who has received a referral decision under the two numbered grounds of the provision on referrals, or a protective disposition under the two numbered grounds of the provision on protective dispositions, bears the costs needed for that referral or disposition.
Another reading stresses the proviso: where the offender has no ability to pay, the state may bear the costs, so the provision leaves the offender liable in principle and the state's assumption of that cost a matter of recognition rather than of automatic transfer.
Your judgment
Where the file shows no paper on the offender's means of payment, how could the court tell whether the state should bear the cost?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the enumerated grounds for referral decisions or protective dispositions are amended, or if a decision explains when the state may bear costs because the offender has no ability to pay.