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."
How to Remove a DVO
If you are the respondent to a DVO in Queensland, also known as a Domestic Violence Protection Order, you are required to abide by each and every condition of that order and you risk committing a serious criminal offence if you don’t.
Sometimes, the conditions in a DVO mean that a respondent cannot live in their home or cannot contact or even go near a loved one or relative and this can be a significant burden to all parties concerned.
Whether you are the respondent, or an aggrieved party (being the person protected under the order) there are things you can do to have the DVO removed and this section of our website aims to explain how.
Can I Remove a DVO?
Whether or not you can remove a DVO depends, firstly, on whether you are the applicant (or whether the police made an application on your behalf) or whether you are a respondent to the order.
The ability to remove the order then rests upon what stage of the proceedings the matter is up to – whether the order has been made permanent or if it is still a temporary protection order.
If the DVO is permanent, then the only way to remove it is to make an application, to a Magistrates Court, to vary the order and reduce its duration to, in effect, “0”. There is no power for a court to outright dismiss or remove a DVO once it is made permanent, but varying the duration so that it ends immediately is possible. Anybody who is a party to the DVO can apply for a variation any time it is in force (either the respondent, the aggrieved, the applicant or a named person may apply).
If you are the applicant, and the order is still a temporary one, you are entitled to withdraw your application and ask the Magistrates Court that the temporary order be dismissed. This is done by contacting the court registry where you filed your application and asking them to withdraw it. You will normally then be asked to appear in court to explain your desire to withdraw the application to a magistrate. You, of course, should not take this course if the order is necessary for your protection or the protection of a named person.
If you are not the applicant, because the police made an application for protection on your behalf, then you need to secure the agreement of police to withdraw the application and have the temporary order dismissed. This agreement is rarely given.
If you are the respondent to a temporary protection order, the only option you have to “remove” it (assuming the applicant or aggrieved do not withdraw their application) is to contest the order being made in a permanent form.
How do I get the Aggrieved to Remove a DVO?
In short, you can’t and you should not try to. Attempting to force, or convince, an aggrieved person to apply to a court to vary a permanent protection order risks committing a variety of potentially serious offences, not least of which is likely to be breaching condition of the order.
Far better than attempting to remove the DVO is to contest it being made right from the start. If this is not feasible in your situation, you should consult a lawyer experienced in Domestic Violence law to help you in relation to the order and to explore how, if possible, you can have the order varied.
For advice or representation in any legal matter, please contact Armstrong Legal.
Queensland introduced the Domestic and Family Violence Protection Act 2012 to provide enhanced protection for victims of domestic and family…
There are several types of Domestic Violence Orders. Temporary Protection Order Temporary Protection Orders are designed to provide you with…
At a Domestic Violence Order hearing, both parties attend court and answer any questions from the other party and/or magistrate…
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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