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
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."
Breach Family Violence Intervention Order (Vic)
The Family Violence Protection Act 2008 seeks to maximise safety of persons that have been exposed to family violence, to prevent and reduce family violence and to promote accountability of perpetrators of Family Violence. In seeking to fulfil its purpose the Family Violence Protection Act 2008 provides both the framework and legislative requirements for the making of family violence Intervention Orders and establishes criminal offences pertaining to breaches of Family Violence Intervention Orders.
Elements – what must be proven
In order to satisfy the court that a person is guilty of breaching a Family Violence Intervention Order, the prosecution must establish the following beyond a reasonable doubt:
- That the accused was served a copy of the Intervention Order or that the accused received an explanation of the order in accordance with the legislation (as outlined below), and
- That the accused breached the order.
What is an explanation of the order?
When making an Intervention Order, the court may in accordance with section 96 and 57 of the Family Violence Protection Act 2008, provide an explanation of the order to the accused. This explanation must be a clear oral explanation and should include, inter alia, the following;
- The purpose, terms and effect of the order (including the effect of the order on any firearms authority or weapons approval held by the Respondent or weapons exemption which applies to the Respondent); and
- If the order prohibits the Respondent living with, spending time with or communicating with the child, that prohibition; and
- If the order includes a condition requiring arrangements between the protected person and Respondent relating to a child living with, spending time with or communicating with the respondent to be in writing, that condition; and
- The consequences and penalties that may follow if the Respondent fails to comply with the terms of the final order; and
- That the final order may be enforced against the Respondent in another State or a Territory under the National Domestic Violence Order Scheme Act 2016 and corresponding DVO recognition laws; and
- That the final order is a civil order of the court and the protected person cannot give permission to contravene the final order; and
- How the final order interacts with a Family Law Act order or an order under the Children, Youth and Families Act 2005 ; and
- If the court has varied, suspended, revoked or revived a Family Law Act order because it is inconsistent with the final order, the purpose, terms and effect of the variation or suspension.
The maximum penalty for the contravention of a Family Violence Intervention Order is a term of imprisonment of not more than 2 years and/or a fine of not more than 240 penalty units. In circumstances of persistent breach (i.e. multiple breaches occurring within a 28 day period), the maximum penalty is a term of imprisonment of not more than 5 years and/or a fine of not more than 600 penalty units.
If the Family Violence Intervention Order prohibits a person from contacting or communicating with the Protected Person, it is not a defence to breaching a Family Violence Intervention Order if the Protected Person allowed the Respondent or gave the Respondent permission to contact or communicate with them.
A defence to breaching a Family Violence Intervention Order exists if the alleged conduct does not breach a condition of the order.
A valid defence may also exist in circumstances where a Respondent has been served with more than one order pertaining to the Protected Person (or one Intervention Order and one Safety Notice) and the order or safety notice that has been made later in time is less restrictive (resulting in the alleged conduct having breached the earlier but not the later order).
To establish either of the above defences, the defence would have the onus of proving on the balance of probabilities that the conduct that has been alleged does not breach a condition of the order in force at the time of the alleged breach.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
An individual can make an application to the Magistrates’ Court for an intervention order against a person who is not…
In 2012 the Family Violence Protection Act 2008 was amended to include a criminal charge of Persistent Contravention of Notice and Orders,…
An individual or the police (on someone’s behalf) can make an application to the Magistrates’ Court for an intervention order…
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.
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