Undertakings in family violence cases

 

In most cases of family violence, an intervention order is the most accessible and effective protective order. Some magistrates and legal practitioners encourage parties to enter into an undertaking, which is 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. If breached, further proceedings are required, usually to reinstate the original application for an intervention order. It is important to check with parties on both sides if an intervention order is required or if an undertaking will suffice.