Championing accountability of the Criminal Justice System
PPN'S and Applications for a Protection Order
Be aware that a first breach of a TPO/PO is an offence with a maximum penalty of three years imprisonment or 120 penalty units. Police also have the power to arrest a person without a warrant for breaching a police protection notice.
Have you been served?
Police Protection Notices (PPN) are issued by police who have attended the scene of an alleged domestic violence incident, usually having been called by the ‘aggrieved’ or by neighbours, concerned persons.
The Police will interview you and the ‘aggrieved’ separately to obtain both sides of the ‘story’. Once the Police believe there are relevant grounds to issue a PPN they will serve you the PPN ‘on the spot’ and explain to you what it means. Be aware that the PPN is in effect immediately. On the PPN there will be a Court date which you MUST attend, or a temporary or even a five year DV Order may be made in your absence..
An application for a Protection Order may be made by anyone who in a ‘relevant relationship’ with you and claims you have engaged in some sort of behaviour considered by the DFV Act be ‘domestic violence.’
Once an application for a PO is filed with the Court, the police will serve the filed application for a PO upon the ‘respondent’.
A court date will be mentioned in your copy of the application for the PO. It is vital to attend, or a temporary or even five year DV order may be made in your absence.
At Court you will be informed that you can:
1. consent to the order being made;
2. consent without admission; or
3. contest it.
You have the right to not enter a plea and request an adjournment to seek legal advise. It is highly recommended that you do so.
The 'very low' threshold
Courts will make the decision to issue a PO based on the very low threshold of the balance of probabilities and it being ‘necessary and/or desirable’.
In our experience, we find that may PO’s are granted by the Court on little to no substantiated evidence of the claims made by the ‘aggrieved,’ whether it originates from a PPN or a application by the 'aggrieved'
The ‘aggrieved’ person can withdraw to their application for a protection order. However, the Police will not withdraw the PPN even if the 'aggrieved' requests so (...it's all about their statistics)
Beware of the Myth 'It is not a criminal matter or conviction.'
A DVO can have far reaching consequences on your everyday life...
You may now realise why it is absolutely necessary that you immediately call Campion Legal if you are served a PPN / DVO Application.
We will take the time to read the allegations, to listen to you and sort out the bull from the truth.
Contact Campion Legal urgently in all Domestic Violence matters!
Click the above link to fill in your case file details.
The reality of the myth 'its not a criminal matter or a conviction'
Police will, more often than not, tell you that being named as respondent on a DVO is not a criminal record, or, 'its like a civil order'...You may also be told that ‘it is not a criminal matter or conviction.’ However, in reality nothing is further from the truth.
Once you have consented or 'consented without admission' and from that, being named as respondent in a Domestic Violence Protection Order, it has far reaching impacts on your daily life.
It will infringe upon your everyday activities including possible risks of losing your job, ineligibility for certain government employment (ADF, Fire Service), volunteer positions (Local Firies, SES etc...), loss of firearms licence, withdrawal/refusal of Blue Card, restrictions upon your everyday rights and freedom and even your ability to travel overseas, not to mention prejudicial in any family law matters....
You will be subject to strict control on your everyday movements, interactions and even the right to see your kids when you want.
Similarly, if you have any family law matters ongoing it will also be on record in those procedure
You will be in the Police system that you are a respondent in a DVO. So of course, it will automatically put you at a disadvantage in any interactions with the authorities…
And of course you will be at the 'mercy of the aggrieved'... so if out of spite they claim you have breached the DVO, chances are you will end up in Court, get convicted and before you know it you now have a criminal record.
So think hard about it before you consent...
BEEN SERVED? CONTACT CAMPION LEGAL 24/7 ON 04127 01234
Contesting the Matter
Do not delay. Contact us.
We will take the time to read the allegations, to listen to you and sort out the bull from the truth.
If you contest the matter you will be issued with a TPO even though the allegations are not proven and it will stay effective until the Court orders otherwise. Contrary to the 'presumption of innocence' for sure...
The Court will set a date and the aggrieved will have the opporunity to submit any further evidence to their application. Often the 'aggrieved' will engage a solicitor to represent them.
In the case of a PPN, Police Prosecutions will be representing the 'aggrieved'
As your legal professionals we will, with you, respond and counter claim such submissions. Our submissions will be thorough and we will leave no stone unturned.
A contested hearing date will be set and each party will return to Court. The aggrieved will attempt to substantiate their allegations. In the case of a PPN, the Police prosecutions will also be attempting to substantiate the decisions to issue a PPN.
We will challenge the validity of the allegations, we will investigate, as applicable have you or reliable sources produce affidavits, and seek to provide substantiating evidence that the ‘aggrieved’ claims are not credible or justified.
We will examine their submissions, seek errors, call them out, request evidence of accusations against you. We will request of the Court to grants subpoenas so we can obtain any material that will contradict their accusations. In a nutshell we leave no stone unturned.
We confidently present your matter by both confident oral submissions and also with written submissions handed up to the Court, citing relevant case law pertinent to your matter and circumstances.
We confidently stand by our submissions to the Court as our criminal law knowledge and experience enables us to encounter any objections or scrutiny from the Bench and from prosecutions.
The often-forgotten rule of law is that the prosecutions who have the onus of satisfying the Court it is necessary/desirable that on the balance of probabilities that a PO should be issued.
If the Court decides that onus is not met, then the TPO is dismissed.
You may now realise why it is absolutely necessary that you immediately call Campion Legal if you are served a PPN/Application for a Protection Order and with us, explore the possibility of contesting it.
Do not delay. We will take the time to read the allegations, to listen to you and sort out the bull from the truth.
Our results speak louder than words...
We have contested applications for Protection Orders and had the matter dismissed outright.
Or we have gone to a contested hearing and we have had it dismissed. How? Because we take the time to read, to listen and to sort out the bull from the truth. The client has been able to lead their normal life again...
We know the DV legislation and know that many ‘victims’ use the DV system for personal advantage (vengeance, attempting to gain advantage in Family Court proceedings, to try to gain leverage on the respondent). We use our knowledge and experience in DV to expose this to the Court, revealing the lack of credibility and have matters dismissed.
How we operate for DVO's
We will represent you to obtain the best outcome possible
We will discuss your matter with you, study the allegations and your personal circumstances. We will delve into the allegations and determine the most appropriate course of action. We will discuss this with you, and once you have instructed us, we will represent you for the best outcome possible.
Our knowledgeable and thorough presentations to the Court assists in obtaining the best possible outcome.
We know that unfortunately, that the DFV legislation and the DV system is abused and used for personal advantage (vengeance, attempting to gain advantage in Family Court proceedings, to try to gain leverage of the respondent etc).
We use our proven DV experience and knowledge to usurp such vexatious applications.
We also have had much success in the applicant party conceding and accepting a joint undertaking (non-binding and not a court order) as they know, once they have realised our knowledge, determination in representing your best interests, that they will not succeed in Court.
Campion Legal has proven track record due to our expertise in Domestic Violence and Criminal law across different jurisdictions in Australia in Local, Magistrate and District Court, including appeals.
Such experience gives us the edge in knowing what the Court expects to hear and how it should be presented. That is the Campion Legal advantage!
Campion Legal is well versed and experienced in domestic Violence proceedings and has an outstanding track record of helping clients in difficult situations.
Campion Legal has the Legal experience and Court room savvy backed by strong advocacy skills to achieve dismissals or best possible outcomes. If you’ve been advised that you should just concede or plead guilty, then it is time to speak with Campion Legal.
What is the CAMPION Legal Difference?
Contact Campion Legal urgently in all Domestic Violence matters!
Click the above link to fill in your case file details.
Campion Legal was founded by Jean-Remi Campion, and advocates strongly for its clients.
Campion Legal is built upon the belief that the criminal judicial system, including prosecuting authorities need to be held accountable in the way they operate.
We firmly believe that everyone has the right to social justice through affordable quality legal representation.
If you have been charged with a DV breach, or have been named as respondent in a PPN or TPO, you need the best solicitor who will fight for you.
The price between either engaging us to defend you or just taking the cheap and easy path of consenting to a PPN/TPO is your job, your everyday rights and freedom, your future and your ability to travel overseas.
You may now realise why it is absolutely necessary that you immediately call Campion Legal if you are involved in a Domestic Violence matter.
Do not delay. We will take the time to read the allegations, to listen to you and sort out the bull from the truth.
Contact Campion Legal urgently in all Domestic Violence matters!