South Australian Consolidated Acts

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DOMESTIC VIOLENCE ACT 1994 - SECT 11

11—Service

        (1)         A domestic violence restraining order must be served on the defendant personally and is not binding on the defendant until it has been so served.

        (2)         If a domestic violence restraining order is confirmed in an amended form or is varied before being confirmed or at any other time, the order in its amended form must be served on the defendant personally and until so served—

            (a)         the variation is not binding on the defendant; but

            (b)         the order as in force prior to the variation continues to be binding on the defendant.

        (3)         If a member of the police force has reason to believe that a person is subject to a domestic violence restraining order that has not been served on the person, the member may—

            (a)         require the person to remain at a particular place for—

                  (i)         so long as may be necessary for the order, and, if the order is subject to confirmation, the summons to appear before the Court to show cause why the order should not be confirmed, to be served on the person; or

                  (ii)         two hours,

whichever is the lesser; and

            (b)         if the person refuses or fails to comply with the requirement or the member has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).

        (4)         The Court may, when making a firearms order, order that a member of the police force, the complainant or the defendant serve a copy of the firearms order on an employer of the defendant specified by the Court in whose employment the Court has reason to believe the defendant may be supplied with or have access to a firearm.



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