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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."
Police Restraining Orders (WA)
In Western Australia, a restraining order can be made by a court on the application of the police or on the application of a private individual. A restraining order can also be made by the police under certain circumstances. These are known as “police orders”. This article outlines how and when police orders are made.
What is a police order?
A police order is the name given to a temporary restraining order made by a police officer under section 30A of the Restraining Orders Act 1997.
When can a police order be made?
A police order may be made by a police officer if the officer reasonably believes that:
- a person has committed family violence and is likely to commit family violence again; or
- a child has been exposed to family violence committed by or against a person with whom the child is in a family relationship and the child is likely to be exposed to violence again;
or if the officer has reasonable grounds to apprehend, or reasonably believes that another person has reasonable grounds to apprehend that:
- a person will commit family violence against a person; or
- a child will be exposed to family violence committed by or against a person with whom the child is in a family relationship.
The police officer must believe that the making of the order is necessary to ensure the safety of a person.
What matters must be considered?
Before making a police order, the officer must have regard to the following factors:
- the need to ensure that the person is protected from family violence;
- the need to prevent behaviour that could reasonably be expected to cause the person seeking to be protected to apprehend that they will have family violence committed against them;
- the need to ensure the wellbeing of children;
- the accommodation needs of the person involved;
- hardship that may be caused;
- any similar behaviour involving the person; and
- any other relevant matter.
What restraints can be imposed under police orders?
An officer is empowered to impose restraints on the lawful activities and behaviour of a person to prevent them from committing family violence.
This may include restraints on:
- being or near premises where another person lives or works;
- approaching within a specified distance of another person;
- causing or allowing another person to engage in any conduct referred to in subsection 1 and 2; and
- from entering or remaining in a place, or restrict a person’s access to a place, even if they have a legal or equitable right to do so.
Whilst the order must ensure that the person who is in danger is protected, the officer must also ensure that it is no more restrictive of the respondent’s personal rights and liberties than necessary.
Who can a police order be made against?
A police order can be made against an adult or a child. However, it cannot impose restraints on a child unless the child is in a family relationship with the person for whose benefit the order is made.
An officer must not make an order against a child that might affect the care and wellbeing of the child unless appropriate arrangements have been made.
A police order must be effectively served on the respondent.
The order must specify the name of the person for whose benefit the order is made and the name of the person who is restrained by the order.
At the time of service, the officer must explain the following to the person restrained by the order:
- the order’s purpose, duration, terms and effects;
- the consequences that may follow if the person breaches the order; and
- that counselling and support services may be of assistance and refer the person to those specific services.
A police order remains in force for 72 hours or any shorter period specified in the order.
If the police order is not served within 24 hours, the order lapses.
An order cannot be extended or renewed. Nor can another police order be made in respect of the same facts.
Penalty for breaching a police order
A person who is bound by a police order and breaches that order is liable to a fine of $10,000 or imprisonment for two years, or both.
Example of a breach
The police are called to attend a residential address where it is alleged that a husband and wife are having a verbal altercation.
Upon arrival, the officer is concerned that should the wife not leave the property, the argument may become physical. After talking with the wife, the officer is advised that she can stay with her parents at their house.
The officer issues the wife with a police order restraining her from attending the matrimonial home for a period of 72 hours.
The following day the wife returns to the matrimonial home and the husband calls the police. As the wife is restrained from returning to the matrimonial home for a period of 72 hours, she is in breach of the order.
The wife is charged by the police for breaching the order and faces criminal penalties.
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…
A Restraining Order is an order of the court restraining a person from committing family violence or personal violence against…
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