What Is an Undertaking in Intervention Orders? Key Facts You Should Know

Understanding Undertakings in Intervention Orders

When dealing with legal matters, particularly in family violence cases, you may encounter terms like "intervention orders" and "undertakings." While intervention orders are widely understood as legal measures to protect individuals from harm, undertakings are often less clear. An undertaking is another tool available within the broader framework of intervention orders, serving as an alternative agreement between the parties involved.

Unlike an intervention order issued by a court, an undertaking is a promise or commitment by the respondent to the affected family member (AFM) or protected person to follow specific conditions aimed at preventing harm). Undertakings are not enforceable in circumstances of non-compliance.  The police are unable to enforce an undertaking and a ‘breach’ does not result in consequences like it does in breach IVO matters. Non-compliance with an undertaking, will however give the applicant to the original IVO application the right to re-enliven their original application before the court, and any prohibited behaviour which occurred forming the non-compliance with the undertaking, can be used as evidence in the IVO matter. 

What Does an Undertaking Involve?

An undertaking typically includes a promise by the respondent not to engage in certain behaviours, much like the conditions of an intervention order. These behaviours may include:

No Contact Condition

The respondent agrees not to contact the t, either directly or indirectly, which includes communication through third parties.

No Further Abuse or Harassment

The respondent promises not to commit acts of violence, intimidation, or harassment against the protected person.

Exclusion from Property

In some cases, the respondent may agree not to enter the protected person’s home or place of work.

Behavioural Commitments

The respondent may agree to undergo counselling or treatment, such as anger management programs or substance abuse treatment.

Unlike a court order, which can be enforced by the police, an undertaking is primarily a private agreement between the parties. However, if the respondent breaches the terms of the undertaking, it can be used as evidence in court to seek a formal intervention order. If a breach occurs, the applicant notify the court and request the intervention order application be reinstated.

Advantages of Undertakings Over Court Orders

There are several situations where an undertaking might be preferred over an intervention order, including:

Less Formality

An undertaking allows the parties to resolve the issue without the need for a court proceeding or a contested hearing. This can be a faster, less stressful solution, especially if both parties are in agreement.

Flexibility

An undertaking can be tailored to fit the specific circumstances of the case, offering more flexibility in how it addresses the needs of both the affected person and the respondent.

Preserving Relationships

In some cases, the parties involved may wish to preserve their relationship without resorting to a court order. An undertaking allows for this, as it is essentially a promise to behave in a particular way.

Lower Legal Costs

An undertaking does not require a contested court hearing, it is often a more cost-effective solution for both parties.

However, while undertakings can provide a simpler and more flexible solution, they do not carry the same level of enforceability as a court-issued intervention order. This is an important consideration if there is a history of violence or ongoing risk to a parties safety.

Social Impacts

Unlike an intervention order, an undertaking is likely to have less impact on the respondent’s social status, immigration prospects, travel, employment and licensing requirements for things such as firearms and character checks.

Breaching an Undertaking

One of the most important aspects of an undertaking is the consequences of breaching its terms. While undertakings do not carry the same penalties as intervention orders, violating the terms of the agreement can have serious legal consequences.

If the respondent breaches the undertaking, the applicant can return to court and seek to have the intervention order application reinstated. The court will consider the breach and may issue an intervention order with stricter conditions.

A breach of an undertaking can also serve as evidence of the respondent’s unwillingness to comply with the agreed-upon terms, which may impact future court decisions. In cases of domestic violence, for example, a breach can escalate the situation, leading to more severe legal actions and possible criminal charges.

It is also important to note that a breach of an undertaking may lead to significant social and personal consequences for the respondent. If the breach involves actions that threaten the safety of the applicant or violate the terms of the agreement, it can damage the respondent’s reputation and affect their ability to maintain personal relationships or employment.

Legal Support for Undertakings and Intervention Orders

Undertakings in the context of intervention orders offer a unique, flexible alternative to formal court orders. However, they are not without their risks and limitations. It’s essential to understand the implications of entering into an undertaking and the potential consequences of breaching its terms.

If you are considering an undertaking or need advice on whether it is the right option for your case, it is crucial to seek legal advice from an intervention order lawyer. Legal professionals can help guide you through the complexities of intervention orders and undertakings, ensuring that you make informed decisions to protect your rights and safety.