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 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 Domestic and Family Violence Act 2012 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)AVO. Unlike the previous legislation, there is no requirement in the Domestic and Family Violence 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 enpanded the categories of persons who are 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 2012 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 like 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.
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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