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 Orders
In Victoria, the maximum penalty for Contravene Personal Safety Intervention Order is a fine of 240 penalty units or two years’ imprisonment, or both. As this offence involves ignoring an order imposed by a Court, the offence is considered serious by the courts and Victoria Police.
In most instances, where the charge is solitary and a first offence, the court is unlikely to order a period of full time imprisonment. However, if the intervention order is breached with an act of violence, or if the Respondent has a history of family violence, the court will seriously consider whether the Respondent should be sentenced to gaol for a period.
Often a charge of this nature will have other criminal charges attached. For example, there may be an intervention order in place which says the Respondent is not to assault the Affected Family Member. If police have reason to believe the Respondent assaulted the Affected Family Member they will likely lay charges of both Contravene a Family Violence Intervention Order and Unlawful Assault.
The Offence of Breaching a Family Violence Intervention Order
The offence of Contravene Family Violence Intervention Order is contained in section 123(2) of the Family Violence Protection Act 2008. It reads as follows:
- This section applies if a person against whom a family violence intervention order has been made—
- has been served with a copy of the order; or
- has had an explanation of the order given to the person in accordance with section 57 or 96.
- The person must not contravene the order.
Can the Affected Family Member Consent to Breaches of the Intervention Order?
The Affected Family Member can never give permission for the intervention order to be breached. This means the following are criminal offences:
- Where there is a prohibition on contacting the Affected Family Member in any way – the Respondent replying to a text message
- Where there is a prohibition on contacting the Affected Family Member in any way – the Respondent answering the phone when the Affected Family Member is calling
- Where there is a prohibition on going to the Affected Family Member’s house – the Respondent accepting their invitation to visit
- Where there is a prohibition on living with the Affected Family Member – the Respondent allowing them to move into his/her house
What the Police Must Prove
To convict the Respondent of Contravene Family Violence Intervention Order, the prosecution must prove each of the following matters:
- There was a Family Violence Intervention Order in place; and
- The Respondent had been served with a copy of the order or told about the order by the Court; and
- The Respondent breached a condition of the order.
Possible Defences for Breaching A Family Violence Intervention Order
Possible defences to a Contravene Family Violence Intervention Order charge include:
- That the accused’s act did not breach the conditions of the intervention order;
- That the accused acted under duress.
Which Court Will Hear Your Matter?
This is a summary matter which means the offence will most likely be finalised in the Magistrates’ Court of Victoria. If the charge of Contravene Family Violence Intervention Order is attached to serious criminal charges, then the matter will likely be finalised in the County Court of Victoria.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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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