Family Violence Intervention Orders (FVIO) and the Prohibited Person
When a final FVIO is granted the perpetrator becomes a ‘prohibited person’ under section 3 of the Firearms Act 1996 (Vic) (“the Act”).
Where a final FVIO is imposed a perpetrator’s firearm licence is suspended for three months. Police will serve the FVIO on the perpetrator and may seize any firearms, ammunition and licence documents in their possession.
The perpetrator has three months to make an application to the Magistrates Court under section 189 of the Act. Otherwise their licence will be automatically cancelled for five years from the date the FVIO expires.
The protected family member, who took out the FVIO, will be informed of the section 189 application and will be interviewed by Victoria Police to find out if and why they object to the perpetrator retaining or obtaining a firearm licence. Any evidence relating to previous violence involving firearms or related threats needs to be provided to the police.
Who can we assist?
In May 2016 St Kilda Legal Service implemented the Family Violence Firearms Project to reduce the risk to a protected person under a FVIO by restricting the perpetrator’s access to firearms.
St Kilda Legal Service can provide specialist legal advice and representation (where possible), to a person protected by a FVIO where the perpetrator is applying for a firearm licence.
Assistance is available Victoria wide. This assistance is available for the affected family member(s) (also known as the protected person/people). We cannot provide any assistance to a prohibited person making a section 189 application.
Please call 8598 6614 or e-mail FVPROJECT@skls.org.au for more information or to make an appointment.
Download the program flier OPPOSING A FIREARM LICENCE?
*Please note: This website provides general information only and is not legal advice. It is current as of September 2016.
The Firearms Project is funded by the Department of Justice and Regulation.