If you have been served with a Family Violence Restraining Order, there are ways to resolve the matter without having to attend a Final Hearing.
Having to attend a final hearing with regards to a Family Violence Restraining Order (“FVRO”) in the Magistrates Court can be both financially and emotionally stressful, not just for the Applicant but for the Respondent as well.
One of the ways a FVRO can be settled, without a final hearing, is for the Respondent (or the Person who is bound by the FVRO) to consent to a Conduct Agreement Order (“CAO”). A CAO is consented to by the Respondent on what is known as a “without admission” basis. This means the Respondent is not admitting there is any necessity for the CAO, nor are they admitting to having engaged in any family violence, but simply consenting to be bound by a CAO.
A Conduct Agreement Order will often include the same restraints, and require the Respondent to be bound to the same terms as the FVRO, however negotiations can occur between the parties (via their respective solicitors) as to the terms of the CAO. Consenting to a CAO will avoid the need to have a final hearing, and it will also mean there are no findings made by a Court about Family Violence.
You can, however, be charged with a breach (i.e. a criminal charge) of a Conduct Agreement in the same way you would be charged if it was a final FVRO.
All of our solicitors at Perth Family Lawyers have significant experience in dealing with Family Violence Restraining Order matter, and can advise you further about Conduct Agreement Orders.
We recommend that you arrange a meeting with Perth Family Lawyers as soon as possible if you have any queries about Family Violence Restraining Orders.
Call us on (08) 9325 8675 to book an appointment today.