Confiscation and Restraining Orders

If You have received a Restraining Order and are facing Confiscation, You Cannot Wait!

If you or someone you love has received a notice of a restraining order or confiscation order, you cannot wait to speak with an experienced criminal defence lawyer. Time is of the essence. There are strict time frames which apply to confiscation and restraining order proceedings and, all to often, people attend to them way too late. Getting the best legal advice from an experienced criminal defence lawyer will make you more informed, less stressed and better prepared for the proceedings you are facing. The right answer may be simple.

What is a Confiscation or Restraining Order? What you need to know: 

A person charged with a criminal offence, especially (but not only) drug related and dishonesty offences, risks having property associated with the offending initially restrained (so that it cannot be sold or otherwise affected) and subsequently forfeited to the State.

In almost every major drug prosecution, for example cultivation of a commercial quantity of cannabis or trafficking in a drug of dependence, the Proceeds of Crime Directorate of the Office of Public Prosecutions, will make application to the County or Supreme Court for a restraining order and, ultimately, a confiscation order. Similarly, where the Police claim that wealth is unexplained, they can apply for confiscation and restraining orders to restrain properties, including rental proceeds, putting an incredible strain on the accused / respondent. Often, the offender’s spouse or partner, who has not offended at all, will have his or her interest in the property restrained as well and be liable to have the interest forfeited. Preparing exclusion applications for those facing confiscation and restraining orders is essential and must be done thoroughly and correctly.

The consequences to the offender and his or her family are substantial and are often disproportionate to the offending. In some cases, the forfeiture is automatic upon conviction for an offence, so obtaining legal advice from experienced criminal defence lawyers at the earliest stage is essential. This is particularly so because there are strict time limits for exclusion applications to be made to try and stop the properties being confiscated and forfeited to the State as part of confiscation orders.

Many criminal law firms in Melbourne do not practice confiscation law because of the nature of the commercial knowledge required in understanding the complicated Confiscations legislation, which governs this area. This is where the criminal defence lawyers in our Melbourne office are different. We understand how to properly prepare exclusion applications and the accompanying affidavit material to challenge confiscation and restraining orders

Over the years, however, the trusted confiscation and restraining order lawyers at Galbally Parker have acquired extensive knowledge in this area and are thereby able to assist those who have been charged criminally and whose property interests have been restrained without the need for the client to seek advice from a commercial law firm thus providing the client with a “one stop” solution to their legal issues. Contact us by email via lawyers@galballyparker.com.au or telephone (9670 8771) if you have received a Restraining Order or Application for Confiscation.