Consent without admissions to a domestic violence order…. what does it actually mean?
So an application for a protection has been made, whether by you, police or made against you. Now what happens?
Where an application for a protection order is made, the Court must be satisfied of three things.
- Firstly, that there is a relevant relationship between the parties such as between partners (married or defacto) or former partners.
- Secondly, that the respondent to the application has committed acts of domestic violence which includes physical violence as well as things such as emotional and verbal abuse, controlling and threatening behaviours or other behaviours that cause fear for safety to the other party.
- Finally, that an order is necessary or desirable to prevent further harm to a person.
In order to deal with the application, a person who is named as the respondent has the following options available to them:
- Consent with admissions (very uncommon);
- Consent without admissions (very common); or
- Take the matter to a final hearing where a Judge determines the outcome.
The most common outcome is that applications are consented to on a without admissions basis and a final protection order is made. Where an application is consented to without admissions, a person is essentially telling the Court that they do not agree to some or all of the allegations made against them in the application but that regardless of that, they agree to an order being made against them. The Court is not made aware what, if any, allegations are disputed nor the reasons for a person consenting to an order.
There can be many reasons why a person consents to an order on a without admissions basis. These can include financial reasons, to avoid a Judge making potentially damaging findings against them at a final hearing, particularly if there are parenting issues to be dealt with and to avoid the stress of court proceedings. Regardless of if a person consents without admissions to an order, the Court can still impose the same conditions as they would if the matter proceeded to trial. Conditions include that a respondent be of good behaviour towards and aggrieved spouse and a child named in the order and not commit an act of domestic violence. Other conditions that may be included in the Order are that the respondent not come into contact with the aggrieved or within a distance of their house or place of work or venues that they frequent, not communicate with the aggrieved by electronic means and so on.
Where an order is made, it is usually made for a period of five years unless the Court is satisfied there are reasons supporting a shorter term order. It is important to note that a protection order is civil in nature meaning it is not a criminal matter and will not show up on a criminal record check for example. However, if a person is charged with a breach of a protection order and either pleads guilty or is found guilty of a breach, this is a criminal matter and can impact a person’s criminal record.
If you have been served with an application for a protection order naming you as the respondent or are considering whether an application should be made, please contact our office for confidential independent legal advice.
At Michael Lynch Family Lawyers, we have the expertise to help with your family law matter. Please, contact us on (07) 3221 4300 or [email protected] for a fixed-fee no obligation initial consultation.
