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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
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."
Family Violence Restraining Orders (WA)
A Restraining Order is an order of the court restraining a person from committing family violence or personal violence against another person or persons by imposing restraints on their behaviour and activities. In Western Australia, there are three types of restraining orders that can be made by the court. These are Family Violence Restraining Orders, Violence Restraining Orders and Misconduct Restraining Orders. There are also temporary restraining orders that can be made by the police under certain circumstances. This article discusses Family Violence Restraining Orders. A Family Violence Restraining Order (FVRO) restrains a person from committing family violence against a person with whom they are in a family relationship.
What if I have been served with FVRO paperwork?
If you have been served with an application for an FVRO, it means that someone who you are in a family relationship with has commenced an application for a FVRO against you.
If you have been served with an FVRO, this means the court has already made the order and you may be charged with a criminal offence if you breach it.
What is a family relationship?
The term ‘family relationship’ is defined in section 4 of the Restraining Orders Act 1997.
It means a relationship between two persons:
- Who are, or were, married; or
- Who are, or were, in a de facto relationship; or
- Who are, or were, related to each other; or
- One of whom is a child who ordinarily resides with, or resided with the other person or regularly stays,or stayed with the other person; or
- One of whom is, or was, a child for whom the other is a guardian; or
- Who have, or had, a personal relationship, with each other; or
- One of whom is the former spouse or partner of the other’s current spouse or partner.
When can a court make an FVRO?
A court has the power to make an FVRO, if it is satisfied that:
- The respondent has committed family violence against a person seeking protection and is likely again to do so again in the future;
- A person seeking to be protected, or a person who has applied for the order on their behalf, has reasonable grounds to apprehend that the respondent will commit family violence against the person seeking protection.
What is family violence?
The term ‘family violence’ is defined in section 5A of the Act. It includes violence, or a threat of violence, by a person towards a family member or any other behaviour by the person that coerces or controls the family member or causes them to be fearful.
Several examples are provided for under the Act, and include behaviour such as:
- An assault;
- A sexual assault or other sexually abusive behaviour;
- Stalking or cyber-stalking;
- Repeated derogatory remarks;
- Damaging or destroying property;
- Causing death or injury to an animal that is the property of the family member;
- Unreasonably denying financial autonomy;
- Unreasonably withholding financial support;
- Preventing the family member from making connections;
- Kidnapping or depriving the family members liberty;
- Distributing an intimate image; or
- Causing any family member who is a child to be exposed to any of the above mentioned behaviour.
What to do if you have been served with an FVRO or application
If you disagree with an application for an FVRO against you, you must lodge an objection to the application within 21 days. If an objection is not lodged, the interim order will be made final for a period of two years.
If you disagree with an application for an FRVO against you, contact the court registry to obtain a copy of the application that is being made and affidavit. If an FVRO has already been made in your absence and you disagree with it, seek legal advice and in the meantime, do not breach the order.
Breaching an FVRO
Under section 61(1) of the Act, a person who is bound by an FVRO and breaches that order commits an offence. The maximum penalty for this offence is a fine of $10,000, imprisonment for two years or both.
It is not a defence, nor a mitigating factor, if the protected person has procured the respondent to breach the order. However, if the court is satisfied that the protected person aided the breach, the court is empowered to cancel or vary the FVRO.
Third Strike Rule
Should the respondent to an FVRO have committed, and been convicted of, at least two previous breaches of the FVRO, the penalty imposed by the court must include a term of imprisonment.
Mutual Undertakings & Conduct Agreement Orders
An FVRO can be resolved without the matter proceeding to a final order hearing by the parties agreeing to either:
- A Conduct Agreement Order; or
- An undertaking.
Restraining Orders during Criminal Proceedings
Pursuant to section 63(1) of the Restraining Orders Act 1997, the court has the power to make a restraining order against a person appearing before the court in relation to a criminal charge, including when considering a bail application or imposing a sentence.
Unless exceptional circumstances exist, where a person pleads guilty or is found guilty of certain offences under the Criminal Code, an FVRO made be made against that person.
This includes offences such as:
- Suffocation & strangulation;
- Wounding and similar acts;
- Common assault;
- Assault occasioning bodily harm;
- Indecent assault; and
These offences are known as ‘violent personal offences’ and empower the court to make an FVRO for the period of the life of the person who committed the offence.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
A Family Violence Restraining Order (FVRO) is a restraining order that prohibits a person from committing family violence against a…
In Western Australia, a restraining order can be made by a court on the application of the police or on…
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