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."
Persistent Breach of Family Violence Intervention Orders
In 2012 the Family Violence Intervention Order Act 2008 was amended to include a new criminal charge of Persistent Contravention of Notice and Orders, also referred to as “Persistent Breach”.
Section 125A was inserted into the Family Violence Intervention Order Act 2008 to make the persistent contravention of Family Violence Intervention Orders or Family Violence Safety Notices an indictable offence. An indictable offence is a serious offence which is dealt with in the County Court of Victoria, although may remain in the lower Magistrates’ Court at the discretion of Victoria Police.
Persistent Breach has a maximum penalty of 5 years in prison or a fine of 600 penalty units, or both.
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 contact the Affected Family Member. If police have reason to believe the Respondent called the Affected Family Member on multiple occasions they will likely lay charges of both Persistent Contravention of an Order and Stalking.
The Offence of Persistent Breach
The offence of Persistent Contravention of Notices and Orders is contained in section 125A of the Family Violence Protection Act 2008. It reads as follows:
A person must not persistently contravene a family violence safety notice or a family violence intervention order.
What the Police Must Prove
To convict a person of Persistent Contravention of Notices and Orders, the prosecution must prove each of the following matters:
- The accused engaged in conduct that would constitute an offence against section 37 or 123
- On at least 2 other occasions and within 28 days of the first offence, the accused engaged in conduct that would constitute an offence against section 37 or 123
- Against the same protected person or in contravention of the notice or order
- The accused knew or ought to have known that they were contravening the notice or order.
It is difficult to calculate the 28 day period pursuant to the legislation. The 28 day period is not calculated from the day of the first offence. If an individual breaches a Family Violence Intervention Order or a Family Violence Safety Notice for the third time, section 125A is triggered. The 28 day period is then calculated backward from the day before the date of the third offence.
If the charge of Persistent Breach fails, a defendant can still be charged for the individual offences of Contravene Family Violence Order or Contravene Family Violence Safety Notice.
What Actions Might Constitute Persistent Breach?
- If an Affected Family Member was protected by a No Contact Intervention Order, and the Respondent text the Affected Family Member three times on separate occasions, the offence may be proven.
- If an Intervention Order was in place stating the Respondent was not to attend at the home of the Affected Family Member, and the Respondent visited the Affected Family Member three times within 28 days, the offence may be proven. The Respondent is guilty of the offence even in circumstances where the Affected Family Member has invited the Respondent to the property.
- If an Intervention Order was in place stating the Respondent was not to publish any information relating to the Affected Family Member online and the Respondent posted three separate status updates on Facebook about the Affected Family Member within 28 days, the offence may be proven.
Which Court Will Hear Your Matter?
Persistent Contravention of Notice or Order is dealt with in the County Court of Victoria, although may remain in the lower Magistrates’ Court at the discretion of Prosecution.
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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