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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
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
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 and Family Violence Protection Act (Qld)
Queensland introduced the Domestic and Family Violence Protection Act 2012 to provide enhanced protection for victims of domestic and family violence. This legislation is notable because it expanded the definition of domestic and family violence, increased the availability and effectiveness of domestic violence orders (DVOs), and made it easier for police and community groups to protect victims of domestic and family violence.
What is Domestic and Family Violence?
Domestic and family violence is defined as an individual abusing someone related to them through a personal, familial or informal care relationship, in order to achieve control or power over them. Under Queensland law today, domestic and family violence includes physical, sexual, emotional, psychological and economic abuse.
The Act expanded the definition of domestic violence in Queensland to include economic abuse. Economic abuse can include actions such as coercing someone to surrender property or income, disposing of property without permission, or refusing to provide access to funds necessary to meet household expenses. This is a class of domestic abuse that is on the rise, especially in relation to the misuse of property belonging to elders: in the case of elder abuse, sometimes neither the victim nor the perpetrator recognises the behaviour as a form of family violence.
How Do You Obtain an AVO under the Act?
The Domestic and Family Violence Act made important changes to the requirements that must be satisfied before a victim can be granted an Apprehended Violence Order (AVO). Unlike the previous legislation, there is no requirement in the Act to prove that domestic violence has already occurred, and is likely to reoccur; it is sufficient that the court is convinced that the applicant is fearful of the respondent, irrespective of whether there are reasonable grounds for this fear.
The Domestic and Family Violence Act also expanded the categories of people eligible to apply for a DVO. Prior to this, only the aggrieved (the victim) or a police officer could make an application, but under the 2012 Act, any person can make an application on behalf of the aggrieved. This allows concerned family members to take action, even when the abused person is too fearful to do so.
The Domestic and Family Violence Act increased the penalty for breaching a protection order, with the maximum penalty rising to a fine of 120 penalty units or three years imprisonment. The Act was updated in 2016, removing any requirement for DVOs to be for a maximum of two years, and broadening the court’s discretion as to deciding the duration of the order while providing victims with long-term protection. The default duration of a DVO is five years from commencement: it is notable that the court can only stipulate less than five years if there is justification to do so.
Do DVOs Apply Across Australia?
The 2016 amendments allowed Queensland to participate in the National Domestic Violence Order Scheme (NDVOS). The NDVOS provides automatic mutual recognition of domestic violence orders (DVOs) issued across Australia. This allows victims of domestic violence to receive protection when they move interstate, without having to reapply to the courts of a new jurisdiction.
Another key change from the 2016 amendments was new information sharing amongst government and community support groups to allow for risk assessment and management of domestic violence threats. This enables the Queensland Police Service to refer both victims and respondents to specialist domestic and family violence service providers. While sharing information with consent remains the preferred approach, disclosure of a restricted amount of information without consent is permitted if a risk assessment finds there are grounds for concern for the safety of any person.
What are Police Protection Notices?
The Domestic and Family Violence Act granted police enhanced powers to issue a police protection notice (PPN), which can ban someone from a particular premise for 24 hours. This law requires police to provide proactive protection to complaining victims until the court can hear an application for a DVO. The protections offered by PPNs were also expanded to better defend victims and their families.
What Provisions are Made to Support Domestic Violence Offenders?
The Domestic and Family Violence Protection Act also recognised the need to provide greater support for offenders in domestic and family violence situations. Even in circumstances of family violence, the law exhibits a preference for protecting victims and rehabilitating offenders, rather than merely delivering punishment to offenders. For instance, the Domestic and Family Violence Protection Act allows courts to issue domestic violence offenders with orders that require them to take part in intervention programs such as anger management programs or counselling.
If you have any questions relating to the Domestic and Family Violence Protection Act 2012 or about seeking or responding to a DVO application, please call Armstrong Legal on 1300 038 223 or send us an email to make an appointment.
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