Application For a Protection Order Dismissed

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Tom Gardiner, Solicitor of our office, successfully defended a police application for a protection order.

Did you know, the Police may bring an Application for a Domestic Violence Order even if the aggrieved party does not want an Order? Once the Police bring an Application for a Protection Order, it can only be discontinued by:

(i) a commissioned officer;

(ii) the Officer in Charge of Police Prosecutions.

After cross-examination of 5 witnesses, and 2 hours of submissions, the Magistrate later deliver a considered 13 page written judgment, dismissing the Application for a Protection Order, finding the Order was neither necessary or desirable in the circumstances.

By successfully defending the Application, Tom ensured that his client was able to keep his weapons licence which was an important feature of his employment.

Whilst Domestic Violence is a prevalent issue in our community, this case was an important reminder that sometimes, the Courts’ intervention is not always necessary or desirable.


Written by: Fisher Dore

 

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