Consenting without admissions means agreeing to a court order, such as a Domestic Violence Order, being made against you, without admitting that the allegations are true. This can resolve the immediate legal dispute without the court making formal findings about what did or did not occur.
Although this option can avoid lengthy, costly and stressful court proceedings, it may still have serious legal and practical consequences. For that reason, it should be considered carefully before any agreement is made.
What Types of Orders Can Be Made?
In Queensland, domestic and family violence matters are governed by the Domestic and Family Violence Protection Act. Depending on the circumstances, different types of orders may be made, including:
– Police Protection Orders
– Temporary Protection Orders
– Domestic Violence Orders
– Other related protective orders
The Benefits of Consenting Without Admissions
One of the main benefits of consenting without admissions is that it can resolve the matter without the need for a contested hearing. Domestic violence proceedings can be lengthy, emotionally draining and expensive for both parties, so reaching an agreement may reduce stress and legal costs.
It may also help limit further reputational harm, particularly where a contested hearing could result in the allegations being discussed in more detail in court.
Another important benefit is that consenting without admissions does not mean the respondent admits guilt. The order itself is not a criminal conviction, and the respondent will not have a criminal record simply because the order is made. However, a criminal record may arise if the respondent later breaches the order.
The Risks of Consenting Without Admissions
Despite these benefits, there are also significant risks.
A Domestic Violence Order can remain in place for a long period of time, often at least one year. Depending on the conditions included in the order, it may restrict the respondent’s ability to contact certain people, including close family members or children. A Domestic Violence Order may also be relevant in family law proceedings, particularly where issues of family violence are raised.
There may also be consequences for respondents who hold, or intend to apply for, weapons licences or security licences.
A Domestic Violence Order can also affect immigration or citizenship matters. Applicants for citizenship or visas may need to demonstrate good character, and the existence of an order may be considered as part of that assessment. Some tribunal decisions have indicated that even an order made by consent without admissions may still be relevant, because the focus may be on the fact that an order was made rather than whether the allegations were admitted or contested.
There may also be professional consequences. For example, a respondent may be required to disclose the existence of the order to a professional body, employer, licensing authority or Blue Card authority.
Finally, breaching a Domestic Violence Order is a serious matter. Although the order itself is civil in nature, a breach can lead to criminal charges. The consequences may include fines, a criminal conviction and, in serious cases, imprisonment. Defending a breach charge can also involve multiple court appearances, additional legal costs and significant stress.
Final Considerations
Consenting without admissions may seem like the simplest and least stressful option at the time. However, it can still carry serious consequences for the duration of the order and beyond. Before agreeing to consent without admissions, it is important to carefully consider the conditions of the order, the potential long-term impacts and whether legal advice should be obtained.
Please contact Miller Sockhill Lawyers on (07) 5444 4750 to arrange an appointment.
This article is intended to provide general information only and does not constitute legal, financial or taxation advice. The relevant law and its application depend on the circumstances of each matter. You should obtain advice tailored to your individual circumstances.