Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 129

When police officer may apply for temporary protection order

129 When police officer may apply for temporary protection order

(1) A police officer may apply for a temporary protection order against a person if—
(a) an application for a protection order against the person has been prepared; and
(b) the police officer reasonably believes that the application for the protection order will not be decided sufficiently quickly by a court to protect the aggrieved from domestic violence; and
Examples of why an application may not be decided sufficiently quickly—
• the remoteness of a court
• the limited availability of a court
• the whereabouts of the respondent is unknown
(c) the police officer reasonably believes that a temporary protection order is necessary or desirable to protect the aggrieved from domestic violence.
(2) A police officer must apply for a temporary protection order against a person taken into custody under division 3 if—
(a) an application for a protection order against the person has been prepared as required under section 118 (1) ; and
(b) it is not reasonably practicable, as mentioned in section 118 (2) , to bring the person before the court for the hearing of the application while the respondent is still in lawful custody; and
(c) the date for the hearing of the application for the protection order, as stated on the copy of the application prepared under section 118 (1) , is more than 5 business days after the day the person is to be released.



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