In Family Violence Restraining Order (“FVRO”) matters, after an interim order has been granted, either party may offer the other party a “Conduct Agreement” by way of compromise and to avoid a full hearing of the application.
A Conduct Agreement (“CA”) unless otherwise agreed is usually expressed in the same terms as the interim order; however, it is agreed between the parties on a ‘no admission’ basis. This poses a significant advantage to the Respondent.
This differs from an FVRO in that if a final FVRO is granted by the court, this constitutes on the balance of probabilities that there was, in fact, enough evidence presented for a finding of family violence.
Conversely, when an FVRO is resolved by way of a CA order, it is done by agreement and without a full hearing and a finding as to the existence of family violence.
This is advantageous for both parties as the granting of a CA order eliminates the need for an expensive and time-consuming final hearing.
It is important to note that any breach of a CA order, is a criminal offence; so, it is imperative the Respondent strictly abides by the CA order, just as he or she would an FVRO.
If you are seeking further legal advice on this issue or have been served an FVRO, please call Appius Lawyers – Experienced Restraining Order Lawyer, and speak to one of our experienced Perth Family Lawyers.
