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 Personal Safety 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.
Often Victoria Police will consider laying a charge of this nature when conflict within an ongoing relationship continues after an intervention order is imposed. We regularly see this offence arising from neighbourhood disputes, relationships within employment and associations within social or sporting clubs.
Although it is unlikely the court will impose a period of fulltime imprisonment for a first offence, if an intervention order is breached numerous times or with an act of violence the court will seriously consider whether the offender should be sentenced to gaol for a period.
The Offence of Breaching a Personal Safety Intervention Order
The offence of Contravene Personal Safety Intervention Order is contained in section 100(2) of the Personal Safety Intervention Order Act 2010. It reads as follows:
- This section applies if a person against whom a personal safety 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 40 or 76.
- The person must not contravene the order.
What Actions Might Constitute Breaching a Personal Safety Intervention Order?
Contravention of a Personal Safety Intervention Order can range from an accidental breach by the Respondent seeing the Affected Person in the supermarket to a physical breach by the Respondent assaulting the Affected Person.
The Court imposes different conditions according to the circumstances of each case. Consequently, a contravention of an intervention order will only occur where the specific conditions of an interim or final intervention order have been disobeyed.
What the Police Must Prove
To convict the Respondent of Contravene Personal Safety Intervention Order, the prosecution must prove each of the following matters:
- There was a Personal Safety 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 Personal Safety Intervention Order
Possible defences to a Contravene Personal Safety Intervention Order charge include, but are not limited to:
- Denying the Respondent’s act breached the specific conditions of the intervention order
- Denying the Respondent intended to breach the intervention order
- Denying the Respondent was aware the intervention order was imposed
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 Personal Safety 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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