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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I was charged with assault and assault. The police later

Customer Question

I was charged with assault and sexual assault. The police later withdrew the charges. I had an intervention order granted against me (my lawyer said it was required by the police in order for them to withdraw the charges). My guns and gun licence were taken off me. The intervention order is for 12months but I will loose my guns for more years after that. Is there any way to get my guns and licence back sooner?
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 8 months ago.

Good Afternoon

If they withdrew the charges it means they did not have enough evidence to prosecute you and therefore the Intervention should have been withdrawn as well.

Do you recall what orders the court made at the time of the withdrawal?

Customer: replied 8 months ago.
No contact by phone, email, and social media, etc by me or anyone connected with me. Not to go within 5 metres of woman or her child (17 years old), and within 50 metres of there address. The order was for 12 months. It was just your standard keep away from them kind of thing. The lawyer said the police had put it into place at the beginning of this matter and wanted to keep it going. I think they thought I would contact her and give her a piece of my mind after the 9 months of hell I had been through before the police withdrew the charges. I think the lawyer thought we should agree just to make this end.
Expert:  Leon replied 8 months ago.

Good Evening.

When the court withdrew the application why did they not withdraw the intervention order? What did the judge say when he withdrew and dismissed the charges about the intervention order? Why did he leave it there. If there is no case against you on what basis did they succeed in keeping it?

Customer: replied 8 months ago.
We had a court date set and the magistrate wanted to know why we were there. Our solicitor said that the police and she had talked and reached an agreement. The police prosecutor then stood up and said that they had decided to withdraw both of the charges against me. My lawyer said that in accordance with their agreement that I would agree to the intervention order without admissions. The police prosecutor agreed and the magistrate granted the final intervention order. I don't know how the law works and my lawyer said that she had put in a lot of time and effort negotiating this result, and that I should do this so that I would not have to go to trial, even though we had a more than good chance of winning because their case seemed to be falling apart (in our eyes anyway, and what do I know). The lawyer said that strange things happen in court and I have acrophobia and anxiety issues that may well have affected my giving evidence in court. There was also the money issue $12,000 for a barrister is a lot of money if we could get out if it. Also I wasn't worried about the intervention order at the time because I never want to have contact with the woman again, so there didn't seem to be a problem agreeing with what the lawyer suggested. However I have a lot of guns, many of them expensive and collector items that I would like to get back before 6 years. I don't know what to do and I have just spent all my life savings getting to this stage
Expert:  Leon replied 8 months ago.

Good Evening.

Ok, that makes more sense.

Because you have made an agreement with the police, going back and trying to have the order set aside may jeopardise the agreement.

I am surprised the lawyer did not explain to you the impact of the order on you. It also affect you employment. You cannot get jobs working with children, it will affect public servant jobs etc.

Is there anyone you trust that you can transfer the guns too?

Customer: replied 8 months ago.
Is that the only way to get them back? Will they let me transfer them? If I lodge a section 189 application do you think I could win and become a non prohibited person? Do you think the court would look favourably on my application because the charges were withdrawn? The only problem is that if I make the application the woman has to be notified of my application. She is very vindictive and I am afraid she will cause trouble just because she can. I don't think I can go through more trouble with her. However if I can get my gun licence back then I should be able to transfer them without any problem, right? Would they let me transfer them to a member of my family, or even sell some of them if need be? Could my wife get them? At the moment a gun dealer is storing them for me, but it is costing money and it will cost a lot to store them for 6 more years? Any suggestions?
Expert:  Leon replied 8 months ago.

Good Evening.

Unfortunately yes.

You have to get them out of your name because you cannot own them.

I cannot say it all depends on the evidence before the court. All you can do is try and see what the court orders under you application and if it fails have someone ready to take their you.