VIC Court undertaking and prohibited persons.

[james4004]

I have a FVIO application against me with some false historic claims and seeking very limited conditions, the police advised my firearm ownership is the only reason they even applied as they have a policy of always applying when any complaint is made and the person owns guns also no interim order was made. If they agree to an undertaking instead of an order in court does this still make me a prohibited person for owning firearms and if an order is made by consent without admission what's the likelihood an application to be deemed a non prohibited person would be successful ?

Thanks

 

[Rod]

I don't believe an undertaking qualifies you as a prohibited person. An undertaking is a promise to the court and not a court order per se. The FVIO is withdrawn if the other side agrees to the undertaking.

If they won't agree to an undertaking you'd need to fight the FVIO to retain your firearms. Just being the respondent on FVIO is enough for you to become a prohibited person. I don't think an interim order affects your status as a prohibited person.

Check with the police or a lawyer to be sure. Post back if they disagree with their reasoning.