Victorian Current Acts Victorian Current Acts(1) The maximum period for which a direction under this Division remains in force or a directed person may be detained under this Division is—
(a) 6 hours after the direction is given; or
(b) if an extension is granted under section 19—that period as extended.
S. 18(2) amended by No. 53/2016 ss 43(1)(a), 85(1).
(2) Despite subsection (1), in the case of a direction given for the reason in section 13(1)(a) or section 13A(1)(a), the direction ends and, if a directed person is detained under this Division, authorisation for the detention ends—
S. 18(2)(a) amended by No. 53/2016 s. 43(1)(b).
(a) if a family violence intervention order is made or a recognised DVO is varied or a family violence safety notice is issued in respect of the directed person—at the time the order or notice is served on the directed person; or
(b) if a warrant is issued under section 50 to arrest the directed person—at the time the directed person is arrested under the warrant; or
S. 18(2)(c) amended by No. 53/2016 s. 43(1)(c).
(c) if a police officer decides not to make an application, or withdraws an application, for a family violence intervention order or a variation of a recognised DVO or family violence safety notice against the directed person—at the time of the decision or withdrawal.
S. 18(2A) inserted by No. 53/2016 s. 85(2).
(2A) Despite subsection (1), in the case of a direction given for the reason in section 13(1)(b), the direction ends and, if a directed person is detained under this Division, authorisation for the detention ends—
(a) if the family violence safety notice or family violence intervention order is served on the directed person—at the time the order or notice is served on the directed person; or
(b) if a police officer becomes aware that a family violence safety notice or family violence intervention order has not been made against the directed person.
S. 18(2B) inserted by No. 53/2016 s. 43(2).
(2B) Despite subsection (1), in the case of a direction given for the reason in section 13A(1)(b), the direction ends and, if a directed person is detained under this Division, authorisation for the detention ends—
(a) if a police officer obtains a copy of the recognised DVO and that DVO has not been served—at the time the copy of the DVO is served on the directed person; or
(b) if a police officer obtains a copy of the recognised DVO and that DVO has been served—at the time the copy of the recognised DVO is obtained; or
(c) in any case, if a police officer becomes aware that the directed person is not a respondent to a recognised DVO.
S. 18(3) amended by No. 53/2016 ss 43(3), 85(3).
(3) If, despite a family violence intervention order or a family violence safety notice or recognised DVO being served on a directed person, or a copy of the recognised DVO being obtained, a police officer believes on reasonable grounds that it is necessary for the direction (and, if applicable, detention) to continue to enable further measures to be taken for the protection of the affected family member or protected person, the direction continues in force and detention (if applicable) is authorised until those measures have been taken or the period referred to in subsection (1) expires, whichever occurs first.
Note to s. 18(3) substituted by No. 53/2016 s. 85(4), amended by No. 53/2016 s. 43(4).
Note
Sections 13 and 13A also require the police officer to believe on reasonable grounds that the continued direction or detention is necessary to ensure the safety of, or preserve any property of, the affected family member or protected person.
(4) Subject to subsection (5), the direction ends if an application for—
(a) a family violence intervention order is refused in respect of the directed person; or
(b) a family violence safety notice is refused in respect of the directed person; or
(c) a warrant under section 50 to arrest a directed person is refused.
(5) If a family violence safety notice or a warrant under section 50 to arrest a directed person is refused but the application for the family violence intervention order has not been withdrawn and the court has not yet determined whether an interim order is necessary or the application for the family violence order has not yet been made but is intended to be made by a police officer, the direction continues in force and detention (if applicable) is authorised until the direction ends under subsection (1), (2), (3) or (4)(a) (as the case may be).
Note to s. 18(5) substituted by No. 53/2016 s. 85(5), amended by No. 53/2016 s. 43(5).
Note
Sections 13 and 13A also require the police officer to believe on reasonable grounds that the continued direction or detention is necessary to ensure the safety of, or preserve any property of, the affected family member or protected person.