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Family violence

Victims of family violence can seek protection via an intervention order. Police can also seek intervention orders without a victim’s consent. Orders can prohibit a variety of actions by a perpetrator. Injunctions or restraining orders also have a role to play. Refuges and Centrelink can all help protect victims.

Trigger warning

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

Family violence
Contributor

Renata Alexander

Barrister

Undertakings in family violence cases

Last updated

1 July 2022

In most cases of family violence, an intervention order is the most accessible and effective protective 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. 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’.

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