Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 1989 - SECT 69

69 Presence at domestic violence incident

(1) A police officer who has reasonable grounds for suspecting that an act of domestic violence has been committed and--

(a) a person is in danger of personal injury by a respondent; or
(b) a person's property is in danger of being damaged by a respondent;

may take the respondent into custody using such force as is reasonable and necessary.

(2) The respondent taken into custody may be held in custody until the earliest of the following happens--

(a) an application for a protection order naming the respondent is heard and decided under section 71(1);
(b) a temporary protection order is made under section 39G;
(c) an application for a protection order is completed, and arrangements are made with the appropriate police officer, under section 71(3).

(3) If the appropriate police officer reasonably believes it is necessary for arrangements to be made to safeguard the aggrieved but the respondent may no longer be held under subsection (2)--

(a) the respondent may continue to be held in custody until the arrangements are completed; and
(b) the appropriate police officer must record the following in the register kept under section 70--
(i) the reasons for the belief; and
(ii) the time at which the respondent could no longer be held under subsection (2); and
(iii) the time at which arrangements to safeguard the aggrieved were completed; and
(iv) the time at which the respondent was released from custody.

(4) A respondent may not be held under subsection (2) or (3) for more than 4 hours from when the respondent is first taken into custody under subsection (1).



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