Undertakings in family violence cases

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TRIGGER WARNING: Please note this chapter (and pages it links to) contains information about family violence that may be triggering to family violence survivors.

In most cases of family violence, an intervention order is the most accessible and effective protection order. However, some magistrates and lawyers encourage parties to enter into an undertaking where the respondent promises the court to refrain from acting in a particular manner towards the affected family member.

These undertakings are not enforceable and police cannot be involved, so there is no power of arrest or prosecution for contravention. If breached, further civil court proceedings are required, usually to reinstate the original application for an intervention order. It is important to check with both parties if an intervention order is required or if an undertaking suffices as a ‘soft option’.

Undertakings in family violence cases

Chapter: 4.4: Family violence

Contributor: Dr Renata Alexander, Barrister

Current as of: 1 September 2024

Law Handbook Page: 262

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