Victorian Current Acts

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 50

    (1)     A magistrate or an appropriate registrar for the court may issue a warrant for the arrest of an adult respondent, as if the application for a family violence intervention order alleged the commission of an offence, if the magistrate or registrar believes on reasonable grounds it is necessary—

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

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

        (c)     to protect a child who has been subjected to family violence committed by the respondent; or

        (d)     to ensure the respondent attends court at a mention date for the application.

    (2)     If a warrant has been issued to arrest a respondent, a police officer may arrest the respondent although the execution copy of the warrant is not in the police officer's possession at the time of the arrest.

    (3)     In determining whether it is necessary to issue a warrant under subsection (1), the magistrate or registrar is not to take into account whether or not the respondent is or has been the subject of a direction, or detained, under Division 1 of Part 3.

S. 51 (Heading) amended by No. 6/2018 s. 68(Sch.  2 item 52.2).