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."
Domestic Violence (NSW)
In New South Wales, there is no specific offence of ‘domestic violence’. Rather, acts of domestic violence may constitute other criminal offences, for example, Common Assault or Intimidation, where they are committed by one person upon another person with whom they are in a ‘domestic relationship’.
When a person gets charged with a criminal offence against a person with whom they share a ‘domestic relationship’, the offence will usually be filed as a domestic violence offence. This categorisation ensures the court is aware that the offence is alleged to have occurred in a domestic violence context. If the court records a conviction, it can record it as being domestic violence-related. This will trigger other legislative requirements and processes.
What is a Domestic Relationship?
A domestic relationship includes people who are, or have been:
- de facto;
- in an intimate personal relationship (whether or not the intimate relationship is, or has been, of a sexual nature);
- living in the same household or residential facility;
- in a relationship involving dependence on the ongoing paid or unpaid care of the other person;
- relatives; and
- in cases of an Aboriginal or Torres Strait Islander person, an extended family member or kin of the other person.
Apprehended Domestic Violence Orders
Where police suspect a domestic violence offence has been committed, they may make an application for an apprehended domestic violence order. As detailed, this is an application only. Police do not have the authority or power to grant a final Apprehended Domestic Violence Order. They do, however have the power to make a provisional order. This means that from the moment police serve a defendant with a provisional order, that defendant must comply with the Order. The application will then be listed before the court.
A provisional order and an application for an apprehended domestic violence order can be made by police even where there is no associated criminal charge.
However, where police do charge someone with a domestic violence offence, they almost always make an application for an apprehended domestic violence order at the same time, unless an Order already exists.
Proceedings for Apprehended Domestic Violence Orders are often listed at the same time as, or adjourned to link up with, any associated criminal charge. If there is no charge, they proceed as an application only. Read more about Apprehended Violence Orders (AVOs).
Procedural Requirements for Domestic Violence Offences
When police make a provisional Apprehended Domestic Violence Order against a defendant, the matter is listed in the next available domestic violence list at the relevant Local Court. When a person gets charged with a domestic violence offence and/or an application for an Apprehended Domestic Violence Order (or provisional order) is made, the person will usually be required to attend court within a week. Sometimes, it is as early as the very next day.
It is important to get legal advice before appearing at court. If this can’t be done, an adjournment for one or two weeks can be sought for the purpose of obtaining legal advice.
Domestic Violence Matters Heard Quickly
The Local Court of New South Wales recognises the need to progress domestic violence offences through the Court quickly and has implemented a Practice Note which varies the procedural requirements for domestic violence matters. In relation to domestic violence matters, the Practice Note requires a Magistrate to set the matter down for hearing upon the plea of not guilty being entered. The Magistrate can make brief service orders in the intervening period; however, the matter is not adjourned for a reply date. This means that domestic violence matters are listed for hearing much quicker than other types of criminal matters.
When a person pleads not guilty to a criminal offence, usually the court makes orders for the service of the brief of evidence on the defendant or their legal representative before adjournment the matter for a reply date. On the reply date, if the plea of not guilty is maintained, the matter will then be adjourned so it can be heard at a later time.
Legislative Requirements for Sentencing Domestic Violence Offenders
Where a court sentences a person for a domestic violence offence, they are required to take into account certain matters. Under section 4A of the Crimes (Sentencing Procedure) Act 1999, a court sentencing a person for this offence must impose either a sentence of full-time detention (gaol) or a supervised order. If the court is satisfied that a different sentencing option is more appropriate, they can impose that sentence, however, they must give reasons for doing so.
In accordance with section 4B of the Crimes (Sentencing Procedure), Act 1999 (NSW) Court must consider the safety of the victim before imposing a Conditional Release Order, Community Corrections Order or Intensive Corrections Order. A court cannot impose an Intensive Corrections Order on a domestic violence offender unless it is satisfied that the accuser, or any person who is to reside with the offender, is adequately protected.
Additional legislative provisions require a court to impose a sentence of imprisonment for a contravention or breach of an apprehended domestic violence order, where that contravention or breach involves an act of violence.
These legislative provisions reflect the seriousness with which Magistrates and Judges treat domestic violence offenders. It is important that legal advice is obtained by anyone charged with domestic violence offences before participating in an interview or attending court in relation to the allegations.
Offence Specific Information
The below offences are commonly charged after allegations of domestic violence.
- Common Assault;
- Assault Occasioning Actual Bodily Harm;
- Reckless Wounding;
- Reckless Grievous Bodily Harm;
- Stalking or Intimidation;
- Contravene Apprehended Violence Order;
- Use Carriage Service to Menace, Harass, Offend; and
- Choke with intent.
Advice for Victims
Our lawyers often provide advice to victims of domestic violence who have questions in relation to the action police have taken on their behalf, attending court to give evidence and/or the possible outcome of proceedings. We can also assist victims wanting to make Victims of Crime Assistance claims or take civil action against the offender. We cannot, however act or provide advice to both a defendant and a victim. If a conflict arises, we can, however, refer you to other reputable firms.
If you require advice on domestic violence orders or any other legal matter call us on 1300 038 223 or send us an email.
In New South Wales, school attendance is compulsory for kids aged between six and 17, or until the child has…
New South Wales was the first jurisdiction in the world to decriminalise sex work between adults. The state has the…
There are a number of ‘clothing optional’ beaches in New South Wales such as Tyagarah Nature Reserve near Byron Bay.…
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?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
22 St Georges Terrace Perth