Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 125

When police officer must release person on conditions

125 When police officer must release person on conditions

(1) This section applies if—
(a) it is not reasonably practicable, as mentioned in section 118 (2) , to bring a person before the court for the hearing of the application for a protection order; and
(b) a police officer has not obtained a temporary protection order under division 4 naming the person as a respondent; and
(c) the releasing police officer reasonably believes a domestic violence order has been made, or a police protection notice has been issued, that names the person as the aggrieved and another person involved in the domestic violence for which the person was taken into custody as a respondent.
(2) The releasing police officer must release the person (the
"respondent" ) from custody on the conditions (the
"release conditions" ) that the releasing police officer considers are necessary or desirable to—
(a) protect the aggrieved from domestic violence; or
(b) protect a named person from associated domestic violence; or
(c) protect a named person who is a child from being exposed to domestic violence committed by the respondent.
(3) Without limiting subsection (2) , release conditions—
(a) must include the standard conditions for a police protection notice stated in section 106 ; and
(b) may include any or all of the following—
(i) a no-contact condition;
(ii) an ouster condition;
(iii) if the release conditions include an ouster condition—a return condition;
(iv) another condition the releasing police officer considers is necessary or desirable in the circumstances.
(4) Sections 101B , 102 , 106 , 106A (other than to the extent that section refers to cool-down conditions) and 107D apply for releasing the respondent on release conditions as though a reference in the section to a police protection notice issued under section 101A was a reference to release conditions imposed under this section.
(5) The release conditions continue in force until—
(a) if, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or
(b) if, upon the hearing of the application for the protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or
(c) if the court adjourns the application for the protection order and does not make a domestic violence order—the proceeding is adjourned; or
(d) if the court dismisses the application for the protection order—the application is dismissed.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback