VIC Mental Health - Can I Attend Court in Wife's Stead?

[DarthV]

Hi,

I’m concerned about my wife. She has been suffering with depression, anxiety and stress for the last few years but she never let on until she got charged with theft of a doona cover in February. That brought her down even further. We are seeing a doctor and a psychologist to get her help, but my concern is that she is threatening self harm if she is to appear in court even though the constable is going to recommend to defer the charge, my wife stills won’t face up to court.

My question is: Can she be excused from appearing and I go instead or is there a way for her not to attend?

I have a letter from the doctor stating her fragile mental state and it will be harmful for her recovery to attend court also we have a mental health plan prescribed by the doctor.



Thank you

 

[Tony Danos]

Cases can be adjourned in her absence. Eventually she will need to attend.
Have you applied for a diversion?

 

[DarthV]

Cases can be adjourned in her absence. Eventually she will need to attend.
Have you applied for a diversion?

No, I haven't, but the police said that they will.

 

[Tony Danos]

A diversion will be the best outcome. It depends on the police consent and then approval by a Magistrate.

 

[DarthV]

I'm worry because she is threatening self harm if she is going to see the judge, even the doctor recommends that she does not attend as it will be worse for her recovery. I just don't know what to do.

I know that nothing will happen to her but she is just so stress and depressed, the Sargent at the police station did scare her a bit (apparently) so he made things a bit worse than good. I just wished they just give us a fine and get it done with it.

Thank you Tony, you've been a great help.

Cheers

 

[Tony Danos]

That's ok.
Feel free to call if you want to discuss it further.