What happens in the courtroom during a family violence intervention order hearing depends on how the respondent chooses to respond to the intervention order.
When facing an intervention order, respondents have various options. They can agree to the order by accepting without admission or contesting it. Alternatively, they may request an undertaking from the applicant.
An undertaking is a promise to the court to do or not to do certain things. Similar to an intervention order, it outlines specific conditions, often including no contact with the applicant. Both parties sign the undertaking, which is then filed with the court.
However, if you already have an intervention order or family violence safety notice in place, you may already be subject to conditions like no contact with the applicant. In such cases, it’s often preferable for negotiations to occur between lawyers rather than directly between the parties.
The applicant does not have to accept an undertaking. It’s their choice. Based on our experience, if the applicant is Victoria Police, they may be less inclined to accept an undertaking.
If the Applicant is also the protected person and they agrees to the undertaking, the application for an intervention order is withdrawn.
However, if the respondent breaches the conditions, the applicant still retains the right to proceed with their original application. This is called a ‘right of reinstatement’.
If you’re currently involved in an intervention order case or contemplating applying for one, please don’t hesitate to contact us. Our team is ready to offer you the support and guidance you require.
