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."
What Will Happen at an AVO Hearing?
An application for an Apprehended Violence Order must be heard in the Local Court in what is known as an AVO hearing. If the defendant consents to the order being made, the court will make the order without hearing any evidence. If the defendant does not consent to the order being made, a Magistrate will determine whether or not an order should be made after the court has heard all the evidence.
Prior to the hearing
When an application is made, the applicant must clearly indicate the period of the order they are seeking and the conditions they are seeking.
When a matter is set down for hearing, the applicant must serve the defendant with a copy of all the evidence it intends to call. The defence can then prepare its case and decide which witnesses, if any, it needs to call.
If the protected person is fearful of being in the same courtroom as the defendant, they may apply to give their evidence remotely by audio-visual link or from behind a screen in the courtroom so that the parties do not have to see each other. This application should be made well in advance of the hearing.
What happens on the day of the hearing?
Your matter will be listed in court at 9:30am on the date of the hearing. A number of other matters may also be listed. The first thing that will happen is that the Magistrate will call through each of the matters in the list to determine whether each matter is ready to proceed. The hearing is unlikely to start right away, as the Magistrate will deal with shorter matters, including any sentences or adjournment applications, first. The Magistrate may also have another hearing that is part heard (has been started on another day but not finished), or a hearing of a person in custody that has priority.
Once the hearing commences, the Magistrate will allow both parties a chance to give an opening address. The opening address is not compulsory, and in some matters, neither party will give an opening address.
How does the hearing proceed?
During the AVO hearing the applicant presents their case to the Magistrate first. This is usually done by calling witnesses in the matter, which may include the protected person, police officers and others. Prior to the hearing, the applicant and defendant will be ordered to exchange the evidence they each seek to rely on. This means either side should have a copy of the statement of any witness who is to be called.
The legal representative for the applicant (whether it’s a police prosecutor or a private lawyer) or the applicant themselves will call ‘evidence in chief’ of their first witness. This is where the witness is asked questions about things they saw, heard or otherwise perceived that is relevant to the application.
Once the applicant has asked all their questions, the witness is then cross-examined by the lawyer for the defendant (or by the defendant if they are not represented). Once cross examination is finished, the applicant will be permitted to ask questions in re-examination, provided the subject of the question is a matter arising from cross-examination.
Any photographs, documents or other evidence that is relied on can be tendered through a relevant witness while that witness is giving evidence.
This process will be repeated for each witness until the applicant has called all the evidence in their case.
After the applicant closes their case, the defendant will then be permitted to call evidence. The process outlined above will occur for any witness called by the defence.
What happens after Each Party Presents Their Case?
Both the applicant and the defendant will then be able to make submissions to the court during the AVO hearing about why the application ought to be granted or refused. At this time, submissions will usually be made about the evidence in the proceedings, the applicable legislative test, any relevant case law and why, ultimately, it is that the Magistrate should grant or refuse the application.
After hearing the submissions, the Magistrate will deliver a judgement, outlining their reasons for either granting or dismissing the application for an apprehended violence order.
If the court has insufficient time to do all of the above, the hearing may be adjourned part heard. This means that the hearing is incomplete and will be completed at another date.
Proceedings for Apprehended Violence Orders can be complicated and may require comprehensive submissions about the legislative test and relevant case law as well as the cross-examination of witnesses. It is important to obtain legal advice at an early stage as the statements and evidence that is required to be served in the lead up to the hearing may affect the way in which the hearing can be conducted and/or the evidence that may be tendered before the court.
If you require legal advice about AVO hearings or any other legal matter, contact Armstrong Legal for a confidential discussion.
On this page we will answer some domestic violence FAQs. What Happens if I Consent to an AVO? An Apprehended…
In NSW, it is an offence for a person who is required to comply with an Apprehended Violence Order (AVO)…
The only person who can withdraw an application for an Apprehended Violence Order is the applicant. This can be done…
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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