Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 18

Duration of holding powers

18. Duration of holding powers



(1) The maximum period for which a direction under this Division remains in
force or a directed person may be detained under this Division is-

   (a)  6 hours after the direction is given; or

   (b)  if an extension is granted under section 19-that period as extended.

(2) Despite subsection (1), a direction under this Division ends and, if a
directed person is detained under this Division, authorisation for the
detention ends-

   (a)  if a family violence intervention order is made or a family violence
        safety notice is issued in respect of the directed person-at the time
        the order or notice is served on the directed person; or

   (b)  if a warrant is issued under section 50 to arrest the directed
        person-at the time the directed person is arrested under the warrant;
        or

   (c)  if a police officer decides not to make an application, or withdraws
        an application, for a family violence intervention order or family
        violence safety notice against the directed person-at the time of the
        decision or withdrawal.

(3) If, despite a family violence intervention order or a family violence
safety notice being served on a directed person, a police officer believes on
reasonable grounds that it is necessary for the direction (and, if applicable,
detention) to continue to enable further measures to be taken for the
protection of the affected family member, the direction continues in force and
detention (if applicable) is authorised until those measures have been taken
or the period referred to in subsection (1) expires, whichever occurs first.

Note Section 13 also requires the police officer to believe on reasonable
grounds that the continued direction or detention is necessary to ensure the
safety of the affected family member of the directed person or to preserve any
property of the affected family member.

(4) Subject to subsection (5), the direction ends if an application for-

   (a)  a family violence intervention order is refused in respect of the
        directed person; or

   (b)  a family violence safety notice is refused in respect of the directed
        person; or

   (c)  a warrant under section 50 to arrest a directed person is refused.

(5) If a family violence safety notice or a warrant under section 50 to arrest
a directed person is refused but the application for the family violence
intervention order has not been withdrawn and the court has not yet determined
whether an interim order is necessary or the application for the family
violence order has not yet been made but is intended to be made by a police
officer, the direction continues in force and detention (if applicable) is
authorised until the direction ends under subsection (1), (2), (3) or (4)(a)
(as the case may be).

Note Section 13 also requires the officer to believe on reasonable grounds
that the continued direction or detention is necessary to ensure the safety of
the affected family member or to preserve any property of the affected family
member.