FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 13 Criteria for exercise of powers

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 13

    (1)     Subject to subsection (2), a police officer may exercise a power under this Division in relation to a person if the police officer—

        (a)     intends to make an application for one of the following against the person—

              (i)     a family violence intervention order;

              (ii)     an order varying a family violence intervention order;

              (iii)     a family violence safety notice; or

        (b)     reasonably believes that a family violence intervention order has been made or family violence safety notice has been issued against the person but not served, and the police officer intends to serve a copy of the order or notice on the person.

    (2)         The police officer must not exercise the power unless—

        (a)     the officer has reasonable grounds for suspecting that the person is an adult; and

        (b)     the officer believes on reasonable grounds that exercise of the power is necessary to ensure the safety of a family member of the person or to preserve any property of the family member.

S. 13A inserted by No. 53/2016 s. 42.