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."
Withdrawing an AVO
The only person who can withdraw an application for an Apprehended Violence Order is the applicant. This can be done in court at any point in the proceedings. If the matter is not listed for a number of months, the Local Court may relist the application for it to be withdrawn.
It is often the case that NSW Police apply for an AVO on behalf of a person. Where they do so, the person has no authority to simply withdraw the Apprehended Violence Order. That person can however speak or write to the police to formally request that police withdraw their application. The police do not have to comply with that request.
It is relatively uncommon for police to withdraw an application at the request of the protected person where the protected person has previously given a statement, or version of events to police, which alleges that the defendant committed an act of personal violence against them.
Persons who seek to have an application for an Apprehended Violence Order withdrawn by police should receive legal advice. This is particularly so if they are considering writing to police to ask them to withdraw the application, or if they are attending court.
If a person has lied to police, or if they give evidence that something they said to police was not true, was exaggerated or was fabricated, they may be charged with a criminal offence. The potential offences can be serious, with some carrying maximum penalties of imprisonment.
What Happens If The Applicant Doesn’t Attend Court?
In some cases, the applicant, protected person, or a witness for the applicant, will not attend court on their own volition. It is an offence for a defendant or other person involved in proceedings to interfere with a witness or attempt to pervert the course of justice.
If the applicant does not attend court, the Magistrate may dismiss the matter, or adjourn it to a later date for the applicant to attend.
Where a defendant doesn’t attend court:
- the court can make an interim (temporary) order and adjourn proceedings;
- the court may issue a warrant for a defendant, provided the defendant had notice of the date, time and place of the proceedings.
If the person in need of protection or a key witness for the applicant does not attend court, the court may:
- in the case of a police application, stand the matter in the list at court to allow the police to try and locate them.
- adjourn the matter to seek to have the person attend court, or, upon the successful application of the applicant, issue a warrant for their arrest (this is only likely to occur where the victim has been subpoenaed and has disobeyed the subpoena); or
- require the matter to proceed without them. If this occurs and the applicant offers no evidence or no direct evidence of any fears held by the protected person, the application will likely be dismissed (unless there is other compelling evidence justifying the making of an order).
If you require legal advice in relation to the withdrawal of an AVO or in any other legal matter please contact Armstrong Legal.
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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