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This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
Having a Domestic Violence Protection Order (DVPO) made against you does not mean you have a criminal record. DVPOs are often made ‘by consent and without admissions.’ This means that the respondent agrees to have the order made without admitting that any domestic violence has occurred. However, if you have a weapons licence it is important to be aware that getting a DVPO made against you will result in your licence being suspended or revoked.
What will happen to my Weapons Licence?
If a licence holder is the respondent in a temporary protection order, their gun licence is suspended for the period the order is in force (Weapons Act, Section 27A).
If a final protection order is made against the holder of a weapons licence, the licence is revoked (Weapons Act, Section 28A).
DVPOs remain in force for a period of 5 years, unless the court states otherwise (Domestic and Family Violence Protection Act, Section 97). If you have a DVPO made against you, you are not allowed to apply for another weapons licence until five years from the date the order was made (Weapons Act, Section 10B).
How do I avoid having a DVPO made against me?
If someone applies for a DVPO against you, you will be served with a copy of the application. This paperwork will have a court date on it. If you want to contest (fight) the application, you must go to court on that date, tell the magistrate that you don’t agree with the order being made and ask for a hearing date. The court will adjourn the application for hearing on a date in the future (usually two to three months in the future, depending how busy the court is).
On the day of the hearing, the court will hear the aggrieved’s evidence as to why a DVPO should be made against you. You will also have the opportunity to call evidence supporting your case. This may be limited to you getting in the witness box and telling your side of the story. You may also have other evidence you want to call.
What must be proven for a DVPO to be made?
Under Section 37 of the Domestic and Family Violence Protection Act, the court can only make a DVPO against you if it satisfied of the following:
- A relevant relationship exists between you and the aggrieved. This may be a sexual relationship, a past sexual relationship or a close family relationship such as brother and sister or parent and child;
- You have committed domestic violence against the aggrieved. The violence does not necessarily have to be physical. It may be sexual, emotional, psychological or economic;
- The protection order is necessary or desirable to protect the aggrieved from domestic violence;
If all of the above conditions are fulfilled, the court will make the DVPO.
Under the Domestic and Family Violence Protection Act, if you are present in court when the order is made, the court is required to consider matters relating to weapons (Section 80). The court must enquire as to whether
- You have a weapons licence;
- You have a weapon;
- You have access to a weapon in the course of your employment;
The court must include as much information about the weapons you possess in the DVPO as it can (Section 82). This is to make it easier for the police to arrange for you to surrender your licence and any weapons you possess.
When does the suspension or revocation take effect?
If you are present in court when a temporary DVPO is made, the suspension of your Weapons Licence takes effect immediately. If a temporary order is made in your absence, the suspension takes effect upon the temporary order being served on you. (Weapons Act, Section 27A0
If you are present in court when a final DVPO is made , the revocation of your licence takes effect immediately. If a final order is made in your absence, the revocation takes effect upon the order being served on you. (Weapons Act, Section 28A)
If you require legal advice or assistance with a domestic violence matter, please contact Go To Court Lawyers.
faqs: - question: 'Can I get my weapons licence back after a DVPO is revoked?' answer: 'You cannot apply for a new weapons licence until five years from the date the DVPO was made against you. This waiting period applies regardless of whether the order is later varied or discharged. After the five-year period expires, you can submit a fresh application for a weapons licence, but approval will depend on meeting all current licensing requirements and passing background checks at that time.' - question: 'What happens to my weapons licence if I consent to a DVPO without admissions in Queensland?' answer: 'Your weapons licence will still be revoked even if you consent to a DVPO without admissions in Queensland. The Weapons Act does not distinguish between contested and consent orders - any final protection order results in automatic licence revocation. While consenting without admissions means you avoid a criminal record, you will still lose your weapons licence and face the five-year prohibition on reapplying.' - question: 'How much does it cost to get legal advice about defending a DVPO application?' answer: 'Go To Court Lawyers offers a fixed consultation fee of $295 to discuss your DVPO matter and its impact on your weapons licence. During this consultation, a criminal lawyer can assess your case, explain the potential consequences, and advise on your options for defending the application. This upfront investment can help protect your weapons licence and avoid the five-year prohibition on reapplying for a new licence.' - question: 'How can a criminal lawyer help me defend against a DVPO application?' answer: 'A criminal lawyer can help you contest the DVPO application by preparing your defence strategy, gathering evidence, cross-examining witnesses, and presenting your case effectively in court. They can also negotiate with the applicant''s lawyers to potentially reach an alternative resolution that protects your weapons licence. Given the serious consequences for licence holders, legal representation significantly improves your chances of successfully defending the application.' - question: 'How quickly do I need to act if served with a DVPO application?' answer: 'You must attend court on the date specified in the application documents if you want to contest the DVPO. Failing to appear will likely result in the order being made in your absence, automatically revoking your weapons licence. You should contact a lawyer immediately after being served to ensure adequate time for case preparation and to avoid missing critical deadlines that could cost you your licence.' ---Need a Criminal Law lawyer in QLD?
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