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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Intervention Orders and Firearms Licences (Vic)
An intervention order can have serious implications for the holder of a firearms licence. An intervention order – a Family Violence Intervention Order (FVIO) or a Personal Safety Intervention Order (PSIO) – can be made under the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010. The impact of an intervention order on a firearms licence in Victoria is determined by these Acts and the Firearms Act 1996.
Family Violence Protection Act
Under this Act, if a court intends to make an FVIO, it must ask whether the subject of the order:
- holds a firearms licence; or
- has a weapons exemption (e.g. for sport); or
- has a weapons approval (e.g. to make or sell weapons).
If the order is an interim one, it can include a condition that the licence, exemption or approval is suspended. If the order is a final one, it can include a condition that the licence, exemption or approval is cancelled or revoked.
Seizure of firearms
A police officer can order the surrender of a firearm if the officer enters a home to investigate a domestic violence offence and there is a FVIO in place, and the officer knows there is a firearm there. The officer can direct the person subject to the FVIO to immediately surrender the firearm, or issue a written notice to the person ordering them to surrender the firearm at a specified place within a specified time. If a person refuses to comply with an order to immediately surrender the firearms, the police officer must seize it. If a person fails to comply with a firearm surrender request, they are liable to a maximum fine of $9913.20.
A police officer also has authority to search a premises or a vehicle without a warrant if there is an FVIO in place, or the officer reasonably suspects there is one in place, and the officer reasonably suspects the person subject to the FVIO possesses a firearm.
Personal Safety Intervention Orders Act
Under this Act, the same rules apply to a PSIO as for an FVIO in regards to the power of the court and of a police officer. A PSIO applies to all relationships that are not domestic ones.
Under this Act, a FVIO or PSIO can result in the order subject becoming a “prohibited person”.
The Act lists many criteria that classify a person as a prohibited person but in relation to intervention orders, a prohibited person is a person who is subject to a final FVIO or a final PSIO. The classification remains for the duration of the order and for 5 years after it ends. A prohibited person must not possess, carry or use a firearm. The maximum penalty is 1200 penalty units ($198,264) or imprisonment for 10 years. A firearms licence is automatically cancelled when the licence holder becomes a prohibited person.
An interim FVIO or interim PSIO does not classify a person as a prohibited person unless the order contains conditions or rules for firearms.
Appealing a licence decision
Under section 189 of the Firearms Act, a person can apply to be deemed not a prohibited person, but this is only possible where the order does not contain conditions cancelling a firearms licence. In assessing an application, the court will consider factors such as:
- whether a firearm was involved in the circumstances that led to the FVIO or PSIO;
- whether the person has a genuine and healthy interest in firearms and has a legitimate reason for wanting to hold a firearms licence;
- the applicant’s criminal record;
- how people protected by the order feel about the application.
The court can refuse the application, or it can declare the person is not deemed a prohibited person for all purposes under the Act, or for some purposes, or for one purpose.
Under the National Domestic Violence Order Scheme Act 2016, a domestic violence order or intervention order issued in a state or territory other than Victoria is considered the same as one issued in Victoria. This means a person subject to an interstate order may be considered a prohibited person and be ineligible for a firearms licence or possess, use or carry firearms in the state.
For advice or representation in any legal matter, please contact Armstrong Legal.
Domestic and family violence is a serious issue in Victoria. Persons experiencing domestic or family violence are likely to also…
An individual can make an application to the Magistrates’ Court for an intervention order against a person who is not…
In 2012 the Family Violence Protection Act 2008 was amended to include a criminal charge of Persistent Contravention of Notice and Orders,…
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