I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
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."
CDPP - restraining order
A restraining order is an order that no person is to dispose of, or interfere with (or attempt to dispose of or interfere with), the property specified in the order, except in such manner or in such circumstances (if any) as are specified in the restraining order.
- A person has been convicted of, charged with, or it is proposed that he or she be charged with, an indictable offence; or
- A person is suspected of having committed a serious offence within the past 6 years; or
- There are reasonable grounds to suspect a person has committed a terrorism offence.
An application must be accompanied by a supporting affidavit stating the grounds for the applicant’s belief that either:
- The property is subject to the effective control of the suspect; or
- The property is proceeds of the offence.
Contravention of a restraining order is a criminal offence if the person had notice that the interest was subject to the restraining order. The offence is punishable by a fine equivalent to 300 penalty units and/or imprisonment for up to 5 years.
Restraining Order: What Orders May be Made?
The court may make either of the following orders:
- that property must not be disposed of or otherwise interfered with by any person; or
- that property must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in the order.
A restraining order may be issued over one or more of the following:
- all or specified property of the suspect;
- all property of the suspect other than specified property;
- specified property of another person that is subject to the effective control of the suspect;
- specified property of another person that is proceeds of the offence.
What Happens if a Restraining Order is Made?
Once a restraining order has been made, written notice of the order must be given to any person whose interests are affected by the order.
A person who a restraining order is made against may file an application for an exclusion order, which is an order to exclude some or all of the property from the restraining order. The court must be satisfied that the property was not:
- used in or in connection with any unlawful activity; and
- was not derived directly or indirectly from any unlawful activity, and that the property was lawfully acquired.
Can a Restraining Order be Set Aside?
A person who was not notified of the application against the making of a restraining order may apply to the court to have the order revoked. The application must be made within 28 days of the person being notified of the order.
In order to set aside the restraining order, the court must be satisfied either that:
- there are no grounds on which to make the order at the time of considering the application to revoke the order; or
- it is otherwise in the interests of justice to do so.
How Long Does a Restraining Order Remain in Force?
A restraining order ceases to be in force 28 days after the person’s charge is withdrawn, the person is acquitted or the conviction is quashed, unless either a pecuniary penalty order or forfeiture order has been applied for or made.
Seek Legal Advice
If you have been given written notice of a restraining order, it is essential that you seek legal advice immediately, attend the hearing and give evidence. You may be able to get some or all of the property excluded from the restraining order.
Payment of Legal Costs
In some circumstances, a restraining order may provide for paying for a person’s reasonable legal costs. However, the court must be satisfied that the person is unable to pay their legal costs out of their unrestrained property.
For advice or representation in any legal matter, please contact Armstrong Legal.
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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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Melbourne VIC 3000
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