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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
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Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
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Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Protection Orders (ACT)
In the Australian Capital Territory, protection orders can be made under the Domestic Violence and Protection Orders Act 2008. The orders are designed to protect people who experience or fear violence by providing a legally enforceable way to prevent it. Two types of orders can be made: a Domestic Violence Order (DVO) or Personal Protection Order (PPO).
Domestic Violence Order
A DVO can be made as an emergency, interim or final order. It restrains the respondent from engaging in domestic violence in relation to a “relevant person”. It remains in force for 2 years unless a different period is stated in the order.
What is domestic violence?
Under the Act, conduct is domestic violence to a “relevant person” if it:
- causes physical or personal injury to them;
- causes damage to their property;
- contravenes a protection order;
- is a threat to harm a person or their property, or to breach a protection order;
- is harassing or offensive to them;
- is directed at their pet and is an animal violence offence (such as cruelty, injuring, poisoning or using electrical devices), or a threat to commit an animal violence offence;
A relevant person can be:
- a domestic partner of the respondent;
- a relative of the respondent;
- a child of the domestic partner of the respondent;
- a parent of a child of the respondent;
- someone who is in a domestic relationship with the respondent.
Personal Protection Order
A PPO can be made as an interim or final order. It restrains the respondent from engaging in personal violence in relation to the aggrieved. It remains in force for 1 year unless a shorter period is stated in the order.
What is personal violence?
The Act defines personal violence as conduct which:
- causes or threatens to cause personal injury to the aggrieved or damage to the aggrieved’s property;
- is harassing or offensive to the aggrieved.
A person’s conduct is not personal violence if it is domestic violence.
Workplace Protection Order
A workplace-specific PPO can be made if there is, or there is a risk of, personal violence in a workplace. Personal violence in the workplace is conduct which:
- causes or threatens to cause personal injury to an employee or damage to property at the workplace;
- is harassing or offensive to an employee while they are working at the workplace.
Interim protection orders
The Magistrates Court can make an interim protection order if it deems this necessary to ensure the safety of the aggrieved or their child, or to prevent substantial damage to the property of their aggrieved or their child. It can be made only if there is an application for a final order.
Only a police officer can apply for an emergency order. An order can be made if a judicial officer is satisfied:
- the respondent’s behaviour shows there are reasonable grounds that an order is needed to prevent the respondent injuring the aggrieved or a child, or causing substantial damage to property;
- it is not practicable to arrest the respondent or there is no ground to arrest them;
- it is outside the sitting hours of the Magistrates Court.
A police officer can make an application by phone. They also have the power to detain a person for up to 4 hours until the application is dealt with and a copy of the order is provided to the person (who has now become the respondent).
The order remains in force until the close of business on the day after the order is made, until it is revoked, or until an interim or final order can be made. An emergency order cannot be renewed or extended.
Criteria for making orders
When making a protection order, the court must consider factors including:
- the welfare of any children affected;
- the accommodation needs of the aggrieved and any children;
- any hardship that might be caused to the respondent;
- the income, assets and liabilities of the parties;
- contact between the parties;
- any previous domestic or personal violence;
- any previous protection orders and any non-compliance with them;
- the need to ensure property is protected from damage.
The Magistrates Court can impose any conditions it considers necessary or desirable. The conditions can prohibit the respondent from:
- being on premises where the aggrieved person lives, works, or is likely to be;
- being within a specified distance from the aggrieved;
- contacting, harassing, threatening or intimidating the aggrieved;
- damaging the aggrieved’s property.
The order can also state conditions on which the respondent can be on a specified premises or place, or contact a specified person. It can also prevent the respondent from taking property from the aggrieved, or order the respondent to give property to the aggrieved.
For advice or representation in any legal matter, please contact Armstrong Legal.
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