• Specific Year
    Any

FAMILY VIOLENCE ACT 2004 - SECT 14 Police family violence orders

FAMILY VIOLENCE ACT 2004 - SECT 14

PART 3 - Police family violence orders Police family violence orders

(1)  Subject to section 14(2) of the Domestic Violence Orders (National Recognition) Act 2016 , a police officer of the rank of sergeant or above, or authorised by the Commissioner of Police, may make a PFVO and issue it to a person if the officer is satisfied that the person has committed, or is likely to commit, a family violence offence.
(2)  The PFVO must be served on the person to whom it is issued and a copy sent to the Chief Clerk of Petty Sessions.
(3)  A PFVO may require the person to whom it is issued to do any or all of the following:
(a) vacate any premises, whether or not that person has a legal or equitable interest in the premises;
(b) not enter any premises or only enter premises on certain conditions, whether or not that person has a legal or equitable interest in the premises;
(c) surrender any firearm or other weapon;
(d) refrain from harassing, threatening, verbally abusing or assaulting an affected person, affected child or other person named in the order;
(e) not approach, within a specified distance, an affected person, an affected child, other person named in the order or certain premises;
(f) refrain from contacting an affected person, affected child or other person named in the order directly or indirectly or otherwise than under specified conditions;
(g) refrain from engaging in any other conduct specified in the order that constitutes, or may constitute, family violence.
(4)  The affected person is to inform the issuing officer of any relevant Family Court order.
(5)  The terms of a PFVO are to take account of any relevant Family Court order of which the issuing officer is aware.
(6)  Unless sooner revoked, varied or extended, a PFVO operates from the date of service for such period, not exceeding 12 months, as may be specified in the PFVO.
(7)  A police officer of the rank of inspector or above may vary a PFVO where –
(a) the affected person and the person against whom it is made consent to the variation; and
(b) the variation will not adversely affect the safety and interests of the affected person or any affected child.
(8)  A PFVO is revoked by the issue and service of an FVO or interim FVO in respect of the same parties.
(9)  Subject to subsection (10) , a court may vary, extend or revoke a PFVO on the application of a police officer, an affected person, the person to whom it is issued or any other person to whom leave is granted, at any time during its operation.
(9A)  If an application is made under subsection (9) to vary, extend or revoke a PFVO under this section, the court may make an interim FVO as set out in section 23 .
(10)  Where a person has applied to have a PFVO varied or revoked and the application has been dismissed, any subsequent application under subsection (9) may only be made with the leave of the court.
(11)  The court is not to grant leave under subsection (10) unless satisfied that there has been a substantial change in the relevant circumstances since the order was made.
(12)  In determining an application under subsection (9) , a court may make any order which may be made under Part 4 .
(13)  A PFVO which has been varied or extended by a court is taken to be an FVO.
(14)  A variation, extension or revocation of a PFVO takes effect from the date of service.
(15)  A PFVO –
(a) suspends, for the period during which the order is in force, any licence or other permit relating to the possession of a firearm by the person to whom the order is issued; and
(b) prohibits the person from applying for, or being granted or issued, any such licence or other permit during that period.