The decision most people actually face

Consent without admissions

An apprehended violence order matter can end with the defendant consenting to an order without admitting anything that is alleged. The order is made, its conditions bind you, and no finding is made that the allegations are true.

General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.

Who this page is for

You have been asked to agree, and you are not sure

People consent for good reasons. A contested hearing takes time, costs money and puts both sides through giving evidence and being cross-examined. Where the conditions are workable and the order will expire, consenting without admissions can bring a stressful matter to an end without anyone being called a liar.

People also consent for bad reasons: because they want the day to be over, because somebody said it was not a big deal, because they were told it would look better, or because nobody explained what the order does after the courtroom empties. The order that results is identical either way.

So the question is not whether consenting is generally good or generally bad. It is what a final order would mean for you, with your job, your licences, your housing, your visa if you hold one, and your arrangements for any children. Those answers differ from person to person and they are not obvious from the form.

One thing is true for everyone. Do not agree to anything at court before you have had advice about what that agreement does. If you are at court and you have not had that advice, ask for the matter to be adjourned or ask whether a duty service is available. Whether an adjournment is granted is a matter for the court, so ask early rather than agreeing because the day has gone on too long to stop.

How we help

What the work actually is

Working out what a final order would actually cost you

Firearms licence, occupation, security or transport licensing, a working with children check, family law proceedings, immigration status, travel, and where you can live. The consequences are personal, so they are worked out against your circumstances rather than in general.

Reading the application properly first

What is alleged, what evidence there is for it, and whether the application would be likely to succeed if it were contested. Consenting to avoid a weak application is a different decision from consenting to avoid a strong one.

Negotiating the conditions

Which additional orders are sought, whether an exclusion from an address or a locality is necessary, how contact about children is expressed, and how long the order runs. This is where most of the practical difference lies.

Making sure the record says what you agreed

Consent without admissions means the order is made without any admission by you. That should be clear on the record and in the order, not left as an understanding between the lawyers.

Explaining what happens afterwards

What the order requires from the day it is made, what to do if circumstances change, and how to apply to vary or revoke it later. See variations and revoking an order.

Saying plainly when consenting is not the right course

Where the conditions would be impossible for you, where the application is weak, or where a related criminal charge makes a consent order unwise, we say so. We also say so when contesting would be the more expensive way of reaching the same place.

Questions

Questions people ask first

Am I admitting anything by consenting?

No. Consenting without admissions means exactly that: the order is made, and you do not accept that anything alleged occurred. The court makes no finding about the allegations. What you are agreeing to is the order and its conditions, and those are real.

Will it show up on a police check?

An apprehended violence order is a civil order and not a criminal conviction, so it is not a conviction on a criminal record. That is not the same as saying nobody will ever know about it. Some licensing schemes, some employers and some checks ask about matters beyond convictions, and information can be shared between agencies. If your work depends on a check, ask about your own situation before you agree to anything.

Can I consent to the order but not to some of the conditions?

The conditions are part of what is being agreed, so they are exactly the right thing to negotiate. Some conditions are in every order under section 36 and are not negotiable. Additional conditions are, and what is proposed on the day is not always what the court ends up making.

What happens to my firearms licence?

Under the Firearms Act 1996 (NSW), a final apprehended violence order automatically revokes a licence authorising possession or use of a firearm, and firearms must be surrendered. Consenting without admissions does not avoid that. If you hold a licence, say so before any agreement is discussed.

Will consenting help me in the Family Court?

It is not that simple, and it can cut the other way. Family law proceedings are separate, they are decided on the child’s best interests, and an existing apprehended violence order is a matter a family court can take into account. If parenting arrangements are on foot or likely, get advice about both together before consenting. See where children are involved.

The police applied. Does consenting end the criminal charges too?

No. Where charges have been laid, they are separate proceedings with a separate outcome. Consenting to an order is not a plea and does not resolve a charge. How the two should be handled together is a question to ask before either is dealt with. See related criminal charges.

Can I change my mind later?

An order made by consent is a court order like any other. It can be varied or revoked only on an application to the court, and the court decides. You cannot withdraw your consent afterwards because the consequences turned out to be inconvenient, which is the reason to take advice before rather than after.

What to bring

Whether consenting suits you turns on your own circumstances, so bring the things that show what a final order would touch.

The application notice and every page of any interim or provisional order.
The police statement or facts sheet, if you have one.
Your court date, the court, and any adjourned date already given.
Your occupation, and any licence, registration or check your work depends on.
Whether you hold a firearms licence, and whether firearms have already been surrendered.
Any family law order, parenting plan or Family Court proceedings on foot.
Your visa or residency status, if you are not an Australian citizen.
Any criminal charge arising out of the same events, with its court date.