Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
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
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."
Review of Infringements Under the Family Violence Scheme (Vic)
The family violence scheme is a scheme set up by Fines Victoria to allow survivors of family violence to apply to have their infringements reviewed and withdrawn if family violence substantially contributed to those infringements being incurred. This article outlines how infringements are reviewed under the Family Violence Scheme.
What is family violence?
Family Violence has a broad definition under the Family Violence Protection Act 2008. As per section 5 of the Act, family violence is defined as ‘behaviour by a person towards a family member of that person if that behaviour-
- is physically or sexually abusive; or
- is emotionally or psychologically abusive; or is economically abusive; or
- is threatening; or
- is coercive; or
- in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person.
Who is eligible for review under the Family Violence Scheme?
To be eligible to file a review under the Family Violence Scheme through Fines Victoria, you must show that you are or were a victim of family violence and that as a result of the family violence you were unable to control the offending or you were unable to nominate another driver for committing the offending (i.e. as a result of your partner’s controlling behaviour you were required to drive to points A and B and incur a number of toll fines and were not in a position to control that behaviour).
There must be a connection between the individual’s circumstances and the infringements they received.
Almost all infringements can be applied to be reviewed under the family violence scheme. There are however some which are excluded, these include:
- Court fines;
- Drink and drug driving infringements;
- Fines incurred by businesses; and
- Excessive speed infringements (excessive speed infringements are any speed where you were travelling 25 km/h or more over the speed limit).
Family Violence Scheme Review Application
In order to be successful in having your infringement withdrawn under this scheme, you must provide as much detail as possible. Your application must state:
- The period of time that you experienced family violence,
- Your relationship with the accused and the nature of the violence, and
- How that violence substantially contributed to the infringements (how you were unable to control the offending or how you were unable to nominate another driver that committed the offending.)
You must also provide a statutory declaration which describes the details of your application (i.e. the violence). You must also provide a copy of either an Intervention Order or a report (i.e. from a counsellor, social worker, psychologist). The report must include details about the relationship and how in their opinion the family violence substantially contributed to the offending. The report may be completed by:
- a medical practitioner, or
- a psychologist, or
- a family consultant or counsellor, or
- a case worker.
It is important that you provide as much information as possible to Fines Victoria in support of your review application under the family violence scheme. Fines Victoria can also request additional information as required to make a determination.
Successful and Unsuccessful applications
Although there is a criteria that must be met, Fines Victoria has discretion over the reviews and will often determine the applications on a case by case basis as long as the criteria is met.
If your application is successful, Fines Victoria will withdraw your infringements. Unlike enforcement reviews, where if you are successful, the enforcement agency (i.e. the department who issued you the fine) has the power to take you to court in relation to the infringements and prosecute the matter, under the family violence scheme, Fines Victoria not only withdraws your infringements but also directs that the enforcement agencies also withdraw the infringements so that you are not prosecuted.
If your review is unsuccessful, Fines Victoria will notify you and you will have the options of:
- Paying the fines in full; or
- Entering into a payment plan; or
- Taking any other action which may be available to you.
In rare circumstances, the Director of Fines Victoria, once they have received an application under the Family Violence Scheme, can refer the matter back to the enforcement agency (i.e. the department who issued the fines) for its consideration if they believe that the person applying for a review may benefit from the matter being heard in an open court room where they can explain their circumstances to a Magistrate.
The process of a review application under the Family Violence Scheme can be lengthy and difficult with no guarantee of success. Should you wish to discuss your options and possibility of having your infringements reviewed, please contact our office to make an appointment with one of our experienced criminal lawyers.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
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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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