DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 28 When authorised police officer may make DVO

DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 28

    (1)     An authorised police officer may make a police DVO under this Part if satisfied that:

        (a)     it is necessary to ensure the protected person's safety:

            (i)     because of urgent circumstances; or

            (ii)     because it is not otherwise practicable in the circumstances to obtain a court DVO; and

        (b)     a court DVO might reasonably have been made had it been applied for.

    (2)     An authorised police officer may make a police DVO even if the respondent is not given an opportunity to answer any allegation made in relation to the making of the police DVO.

    (3)     A police DVO must not include more than one person as the protected person, unless each additional protected person included in the police DVO is:

        (a)     a child of the protected person; or

        (b)     a person who usually resides with the protected person; or

        (c)     without limiting paragraphs (a) or (b), a person under the care of the protected person.

Notes for section 28

1     An authorised police officer is an issuing authority and must consider the matters under section 19 in deciding whether to make a police DVO.

2     Part 2.2 provides for the matters to be considered in making a DVO and Part 2.3 provides for the content of a DVO.