Undertakings in Misconduct Restraining Order applications in WA

Undertakings in Misconduct Restraining Order applications in WA

If you (or someone you know) is applying for a Misconduct Restraining Order (MRO) against another person, then you may like to read on.

Sometimes after a MRO application is filed previous poor behaviours settle down as the person who has been engaging in those behaviours realises that continuing with them is unlikely to be a smart play and may and them in trouble with the Police. Under such circumstances, rather than taking an application through to a Final Order Hearing (or what most people would refer to as a trial), it may be appropriate to consider resolving the application by accepting an Undertaking from the other person.

An undertaking is essentially a promise to the Court that a person will not do certain things for a period of time (typically one or two years). An undertaking can be used to finalise a MRO application before the court makes a decision about granting a MRO on a final basis at a Final Order Hearing. 

As an Undertaking is a promise given to the court on a voluntary basis, the court expects that the terms of it will be adhered to and upheld. If a person who provides an Undertaking subsequently breaches one or more of the terms of it, then that breach can (and will) be considered as a reason for granting any future restraining order application which may be required as a result.

Further, you do not necessarily have to wait until your court date to propose an Undertaking. If there is sufficient time before a court date, an Undertaking can be posted or emailed to the other person along with a request that he or she signs it and the reasoning as to why the should sign it.

If the Undertaking is agreed between the parties, then it may be filed with the Court in advance of your court date (along with an accompanying Consent Order) and if the Court accepts it and makes the orders sought in the accompanying Consent Order, then neither you nor the other person will need to appear in Court as the matter will be at a conclusion.

In any event, if you’ve read all of the above and still have queries or if you think that you may actually need someone in your corner, then now is probably the time to obtain some practical advice. Austral Legal can help and we offer an initial discounted 30-minute SmartMove appointment for $80 (by phone or in person). Beyond that initial appointment we will usually be able to offer you a fixed fee for any further work which may be required, so that if you choose to go-ahead with our services you will know what your legal costs will be up front. Bookings can be made online through our website (it’s that easy) or by getting in touch on the office line, 08 9745 9550.