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Should I Consent to an FVIO Without Admissions?
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What Respondents Need to Consider First
A respondent in a Family Violence Intervention Order case may sometimes be told, “just consent without admissions. You don't have to admit anything.” In some cases, that may be a practical and sensible resolution, but it should not be treated casually.
The fact that you can consent without admitting the allegations does not answer the more important question, what will this order actually mean for your life? and what does “consent without admissions” mean?
In appropriate circumstances, a respondent may agree to the making of an FVIO without admitting the factual allegations relied upon in the application.
That can avoid the time, cost and uncertainty of a contested hearing, but the order still exists and the conditions still need to be obeyed.
That is why the decision should be made strategically.
What conditions are being proposed?
This is often more important than the label attached to the resolution.
An FVIO may regulate:
- direct contact
- telephone calls
- text messages
- emails
- social media
- communication through another person
- attendance at particular addresses
- whether you can enter or live at the family home
- firearms or weapons
- other specified behaviour
Before agreeing, ask, can I realistically comply with these conditions? and what happens with the family home?
The conditions need to be understood before they are agreed to.
- direct contact
- telephone calls
- text messages
- emails
- social media
- communication through another person
- attendance at particular addresses
- whether you can enter or live at the family home
- firearms or weapons
- other specified behaviour
Before agreeing, ask, can I realistically comply with these conditions? and what happens with the family home?
If an order prevents you attending an address, that may affect where you live. That may sound obvious, but its practical consequences can be significant.
What happens to your belongings? What happens if children live there? What happens if you work from the home? What if the protected person later asks you to return?
The conditions need to be understood before they are agreed to.
What about children?
Children may be included as protected persons.
FVIO proceedings may also interact with parenting arrangements, Family Court proceedings, parenting plans or disputes about where children live.
If parenting arrangements are relevant, tell your lawyer before consenting.
An intervention-order resolution should not be considered in isolation from other proceedings affecting the family.
Are criminal charges also underway?
An FVIO and a criminal charge are different proceedings, but they frequently arise from the same alleged events.
What is said, conceded or contested in one proceeding may need to be considered against the broader criminal case.
That does not mean consent without admissions is inappropriate where criminal charges exist, rather, it means the decision should be made with the whole legal picture in mind.
Read more about why FVIOs and criminal charges need to be managed together.
Read more about why FVIOs and criminal charges need to be managed together.
Could the order affect your work?
Potentially, if your work involves:
- firearms
- security licensing
- weapons
- policing
- Defence
- professional registration
- another regulated occupation
Do not wait until the order is final to discover that it creates a professional consequence you had not considered. Raise these issues with your lawyer immediately.
- firearms
- security licensing
- weapons
- policing
- Defence
- professional registration
- another regulated occupation
Do not wait until the order is final to discover that it creates a professional consequence you had not considered. Raise these issues with your lawyer immediately.
What about the duration?
A final order may remain in force for a period determined by the Court.
Before agreeing, understand how long the proposed conditions are likely to affect you.
A condition that seems manageable for a few weeks may feel very different if it affects your home, children, work or family contact for a much longer period.
Before agreeing, understand how long the proposed conditions are likely to affect you.
A condition that seems manageable for a few weeks may feel very different if it affects your home, children, work or family contact for a much longer period.
Is an undertaking a better option?
Sometimes an undertaking may form part of a negotiated resolution.
An undertaking is not an intervention order and is not enforced by police in the same way.
If an undertaking is agreed and the Court permits the FVIO application to be withdrawn, that may resolve the proceeding. But an undertaking is not automatically “better”. It depends upon whether it provides a safe and workable outcome in the particular case.
Should I contest instead?
Contesting may be appropriate where the application should be opposed and cannot sensibly be resolved another way, but a contested hearing carries its own consequences, including the need for evidence, witnesses, cross-examination and preparation.
The decision should not be based upon pride, anger or fear. It should be based upon, what is alleged? what evidence exists? what conditions are sought? what happens if those conditions are made? are criminal proceedings involved? what outcome does the client actually need?
The decision should not be based upon pride, anger or fear. It should be based upon, what is alleged? what evidence exists? what conditions are sought? what happens if those conditions are made? are criminal proceedings involved? what outcome does the client actually need?
Consent is a strategy, not a surrender
The most aggressive option is not automatically the best option nor is consent automatically the easiest or safest option.
At Emma Turnbull Lawyers, we look at the practical consequences of the proposed order and the client's broader legal circumstances before recommending a strategy.
If you are considering consenting to an FVIO without admissions, understand the order first because once it is made, you must live within its conditions.
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This article provides general information only and does not constitute legal advice. Intervention order and criminal proceedings depend upon the individual circumstances of each case.
This article provides general information only and does not constitute legal advice. Intervention order and criminal proceedings depend upon the individual circumstances of each case.
