Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
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."
AVO: Apprehended Violence Order
An Apprehended Violence Order (AVO) is a court order issued to protect victims of domestic or personal violence, who are fearful of future acts of violence or intimidation by a particular abuser. This order restrains the conduct of the defendant, by imposing conditions that restrict their behaviour, such as a condition preventing them from approaching the protected person. A court will usually issue an AVO, but in some instances, the police may implement a protection order. An AVO is not a criminal charge or conviction, but breaching one can result in criminal punishments.
AVO is the term used in New South Wales, but similar protection orders can be obtained in other Australian jurisdictions: these orders are known as Intervention Orders in South Australia and Victoria; Domestic Violence Protection Orders in Queensland; Restraining Orders in Western Australia; Family Violence Orders in Tasmania; and, Domestic Violence Orders in the Northern Territory and the ACT. Fortunately, a protection order issued in any state or territory of Australia is enforceable in the other jurisdictions, so victims can move between states and receive continual protection.
While the titles of protection orders differ, the processes are similar across jurisdictions. Broadly speaking, the courts issue an AVO if there is evidence that an applicant has reasonable grounds to fear violence, intimidation or stalking. In some jurisdictions, an AVO will only be issued if there is evidence of a prior act of violence against the applicant.
What protection does it offer?
Protection orders cannot physically stop a defendant from perpetrating domestic or personal violence. Every year a significant number of people with current protection orders are attacked or killed despite the existence of an AVO.
Protection orders do, however, offer important benefits to individuals who are fearful for their safety or the safety of their children. Importantly, an AVO can be obtained with relative ease and swiftness, providing an immediate deterrent. An AVO can also be tailored to the particular needs of the victim: for instance, a defendant can be prohibited from intentionally or recklessly destroying or damaging property, hurting pets, or approaching someone after they have consumed alcohol or drugs. These tailored orders are ideal when a total severing of contact is impractical or unreasonable, such as when a couple shares parenting responsibility. An AVO can allow two people to continue to co-parent, with the conduct of a problematic individual moderated by court-enforceable constraints. AVOs are also inherently flexible so that if circumstances change, a victim can apply for a “variation” that changes or cancels the order. Unless the victim cancels the order, the AVO will usually end on an expiration date. The expiration date is set by the court to encompass the period that it is likely that the victim will continue to need protection, and in some jurisdiction, there is an assumed minimum period of an AVO, ranging from one to five years.
Can an AVO be contested?
When a person is a defendant in an AVO application, they can consent to the order on a without admission basis, meaning that they make no admissions relating to the allegations. The defendant in an AVO application can also try to negotiate the conditions set down in an AVO. For instance, if the terms of the AVO make it difficult for the subject of the order to travel to work, it may be possible to negotiate the conditions in a way that still protects the victim.
It is also possible for a defendant to oppose the Application and the order. Consenting to an AVO is often the least difficult path, but can result in serious repercussions for the defendant, not least in terms of reputational damage. A person with an AVO issued against them may not be able to obtain or retain a firearms licence, a security licence, or pass a working with children check. Given the potential impact of these restrictions on an individual’s livelihood, it is appropriate that the subject have an opportunity to contest the protection order.
Successfully contesting an AVO requires the defendant to establish that the AVO is not required. The test used by the courts differs across jurisdictions, but generally speaking, an AVO is only issued if the court is satisfied that the applicant has a genuine fear that they could be the victim of future violence, intimidation or stalking. Therefore, the defendant in a protection order can seek to establish that there is no reasonable basis to fear future acts of violence. This can be established even if there have been previous instances of violence or intimidation, especially if these acts are some time in the past.
How Do You Apply for an AVO?
The first step in obtaining an AVO is usually to contact the police and report the violent behaviour, intimidation or stalking. The police may well make the application for an AVO or similar protection order on behalf of the victim.
Victims who are worried about their immediate safety can apply for an interim AVO, which will offer protection until the courts hear the AVO application. Children will usually be included on the protection order of a parent.
For more information on applying for or contesting an AVO, or for advice on any other legal matter, please call Armstrong Legal on 1300 038 223 or send us an email to make an appointment.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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