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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 Violence Order (DVO)
A Protection Order pursuant to Part 3 of the Domestic and Family Violence Prevention Act 2012 is an order of a court, made after an application, which can prevent one person (called the respondent) from behaving poorly toward, or committing domestic violence against, another person (called the aggrieved).
A Protection Order can contain a range of additional conditions, including an ouster condition, which forces the respondent to leave their home in favour of the aggrieved, or an order that the respondent not contact certain people or go to, or near, specified places (normally the aggrieved or the aggrieved’s children).
Once an order is in place, either in a temporary or permanent form, any contravention of its conditions can give rise to severe criminal penalties, including a prison sentence.
If you are a respondent to an application for a Protection Order it is important that you obtain legal advice, and likely legal representation, at an early stage.
If you are a person in need of protection the Queensland Police Service will often make an application for a Protection Order on your behalf, though you are entitled to make the application yourself.
How is a Domestic Violence Order Made?
A Domestic Violence Order, also called a Protection Order, is made after a Magistrates Court receives an application under section 32 of the Act.
Once an application is received either from the police or from a private applicant, the court will normally make a temporary order in whatever terms are asked for. This temporary order binds the respondent until such time as it is made final, or until the application is dismissed.
A temporary order becomes a final/permanent order if the respondent does not appear in court, if the respondent consents to the making of the order, or if the court determines that the order is necessary or desirable to prevent domestic violence at the conclusion of a hearing.
If the respondent is not present in court when a Protection Order is made against them, a copy of the Protection Order must either be served on them, or they must be notified of its existence, before it is valid.
Can I Contest a Domestic Violence Order?
Yes. If you are a respondent to an application for a Protection Order you can contest the making of that final order. You can also contest the making of a temporary protection order in the first instance but, in practice, this is rarely successful.
If you contest the making of a final order, the court will set the matter down for a hearing and you will be required to file affidavit material in relation to your defence and to give evidence at the hearing of the matter (and so, more than likely, will the aggrieved).
It is important to recognise that the ordinary protections of the criminal law do not apply to Domestic Violence matters and you will more than likely be required to provide a positive defence to allegations raised against you if you are to succeed in avoiding the order being made.
Consent Without Admissions
Even if you do not agree with the allegations made against you in an application for a Protection Order, you can consent to the order being made on a “without admissions” basis.
Consenting without admissions means that the order will be made in whatever terms are asked for by the applicant but the court will not make any findings of fact in relation to the underlying allegations and you will not, by your consent, be taken to accept the truth of any of those allegations.
Before you consent, even on a without admissions basis, to a Protection Order being made against you it is important that you obtain independent legal advice. The implications of a Protection Order, even one made without admissions, can be significant.
Which Court Will Hear My Application For A Protection Order?
Applications for Protection Orders are heard and determined in the Magistrates Court.
Whether responding to, or making, an application, Armstrong Legal’s team of experienced domestic violence advocates stand ready to assist you throughout the process, so please contact us.
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