SSAA NSW

26 Sporting Shooters Association of Australia (NSW) Inc. Q. What is the processes regarding Apprehended Violence Orders, particularly as they relate to firearms licence holders? A. I will answer this question in 2 parts. Part 1 - The AVO process Apprehended Violence Orders (AVOs) come in two distinct types - Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs). Each of these types of Orders are possible as a result of the Crimes (Domestic and Personal Violence) Act 2007 (the Act). Both ADVOs and APVOs can be applied for either by Police on another person's behalf or privately by the person seeking protection. The person for whom the Order is sought is generally referred to as the Person In Need Of Protection (PINOP). There are some circumstances where only a Police Officer can apply for an Order, such as where the PINOP is a child. Applications are made in the Local Court. The difference between the two types of Orders is that ADVOs involve persons who are or have been in a domestic relationship and APVOs involve people who do not or have not had a domestic relationship, for example, persons in a neighbourhood dispute. Police generally only become involved in ADVOs and will normally advise people seeking an APVO to make an application privately. However, Police will apply in some situations for an APVO if a criminal charge is also involved, such as where a charge of assault is laid. At the time of making an application for an Order, the Court, if it grants the application will make a Provisional Order for the protection of the PINOP until the application has been finalised. Once the application is granted and the Provisional Order is made and served upon the defendant, it lists the matter to a date for the appearance of the defendant at court. In Police applications, the PINOP is represented by a Police Prosecutor, whereas in private applications the applicant either appears on their own behalf or retains a Lawyer to represent them. The advantage to a PINOP in Police applications is they do not have to pay for the Police Prosecutor to represent them. When the application comes before the Court, the defendant must advise the Court whether they will consent to a Final Order being made or whether they wish to oppose the application. A defendant can consent to a Final Order being made on a "without admissions" basis. This means they accept a Final Order being made against them but make no admissions to any of the grounds for which the Order is sought. Final Orders are usually made for a period of 12 months to 2 years but can be made for a longer or shorter period as the Court sees fit. In my experience I have seen some Final Orders made for as long as 5 years, but this is rare. If a defendant opposes the application, the Court sets a timetable for each party to file statements of evidence and any other documents upon which they will rely in their case with the court. The applicant is normally ordered to file their evidence first, a copy of which is provided to the defendant. The defendant is then to file their evidence, again with a copy provided to the applicant. The Court will usually adjourn the matter for further mention to confirm each party has complied with its timetable. On the further mention date, if each party has complied, the Court will list the matter for hearing. At the hearing, the evidence that has been filed and served is deemed to be the evidence-in-chief of those witnesses, who can be subject to cross-examination by the other party. Following the hearing of the evidence, the Court must determine two things: 1. Does the PINOP have fears regarding the defendant, and 2. Are there reasonable grounds for those fears? If the answer to both those questions is yes, the Court will make the Final Order. If the answer to question 1 is yes, but to question 2 is no, the Court will dismiss the application. If the answer to question 1 is no, the Court need not consider question 2 and will dismiss the application. The standard the Court must determine these questions on is on the balance of probabilities; in other words, is it more Ask Stephen Legal Matters

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