Victorian Current Acts

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 24

A police officer who responds in person to an incident involving family violence may apply to another police officer, who is of the rank of Sergeant or a higher rank, for a family violence safety notice if—

        (a)     the police officer has reasonable grounds for suspecting the respondent is an adult; and

        (b)     the police officer has no reasonable grounds for suspecting the respondent has a cognitive impairment; and

        (c)     the police officer has no reasonable grounds for suspecting there is a Family Law Act order or child protection order in force that may be inconsistent with the proposed terms of the family violence safety notice, after making reasonable enquiries of the respondent, the affected family member and any other adults at the scene of the incident; and

        (d)     the police officer believes on reasonable grounds there is no family violence intervention order in place between the affected family member and respondent; and

S. 24(da) inserted by No. 30/2010 s. 82, repealed by No. 48/2011 s. 27(2), new s. 24(da) inserted by No. 65/2011 s. 94.

        (da)     the police officer has no reasonable grounds for suspecting there is a community correction order under the Sentencing Act 1991 in force that may be inconsistent with the proposed terms of the family violence safety notice; and

        (e)     the police officer believes on reasonable grounds that, until an application for a family violence intervention order can be decided by the court, a family violence safety notice is necessary—

              (i)     to ensure the safety of the affected family member; or

              (ii)     to preserve any property of the affected family member; or

S. 24(e)(iii) amended by No. 77/2014 s. 5(a).

              (iii)     to protect a child who has been subjected to family violence committed by the respondent.

S. 24(f) repealed by No. 77/2014 s. 5(b).

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