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 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 very 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.
Whether responding to, or making, an application, Armstrong Legal’s team of experienced domestic violence advocates stand ready to assist you throughout the process.
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 Domestic and Family Violence Prevention Act 2012.
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 very 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.
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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