Victorian Current Acts

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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 15

Detention power

    (1)     If a directed person refuses or fails to comply with a direction under section 14, a police officer may, using the force that is reasonably necessary, apprehend and detain the directed person.

    (2)     The directed person may be detained at a police station or other place, but may be detained in a police gaol only if the officer considers it necessary to do so for the protection of any person or property, or to prevent the person from escaping from detention.

Note

Section 49E of the Summary Offences Act 1966 makes it an offence to escape or attempt to escape from a place where a person is being lawfully detained.

    (3)     Nothing in section 479C of the Crimes Act 1958 applies to a person who escapes or attempts to escape from detention under this Division.

S. 16 (Heading) amended by No. 18/2010 s. 17(1).



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