Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 15

Detention power

15. Detention power



(1) If a directed person refuses or fails to comply with a direction under
section 14, a police officer may, using the force that is reasonably
necessary, apprehend and detain the directed person.

(2) The directed person may be detained at a police station or other place,
but may be detained in a police gaol only if the officer considers it
necessary to do so for the protection of any person or property, or to prevent
the person from escaping from detention.

Note Section 49E of the Summary Offences Act 1966 makes it an offence to
escape or attempt to escape from a place where a person is being lawfully
detained.

(3) Nothing in section 479C of the Crimes Act 1958 applies to a person who
escapes or attempts to escape from detention under this Division.