Victorian Current Acts

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

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 159A

Applications for DVOs—additional requirements for direction or search without warrant

If a police officer intends to serve or has served an application for a recognised DVO or an interstate DVO on a person, the police officer must not give a direction under section 158(2) or enter and search premises or a vehicle under section 159(2) unless—

        (a)         the police officer is satisfied, on the balance of probabilities, that the person has committed family violence against a person sought to be protected by the order and is likely to continue to do so or do so again; or

        (b)     the police officer believes on reasonable grounds that the direction is, or entry and search are, necessary to ensure the safety of a person sought to be protected by the order pending final determination of the application.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback