Can Undertakings Be Given Instead of An AVO?

Yes – but only if all parties are willing and accepting of this outcome. The advantage of settling this type of matter with mutual undertakings is two-fold. Generally once undertakings are given, the parties will comply with them. If there is non-compliance, it is relatively easier to obtain a further AVO. Secondly, there is no criminal offence for breaching an Undertaking whereas there certainly is if there is an alleged breach of an AVO.

Of course the person who was seeking protection is under no obligation to accept undertakings and if they are genuinely fearful, it must be accepted that they will not accept undertakings.

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