Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 24

Application for family violence safety notice

24. Application for family violence safety notice

A police officer who responds in person to an incident involving family
violence may apply to another police officer, who is of the rank of Sergeant
or a higher rank, for a family violence safety notice if-

   (a)  the police officer has reasonable grounds for suspecting the
        respondent is an adult; and

   (b)  the police officer has no reasonable grounds for suspecting the
        respondent has a cognitive impairment; and

   (c)  the police officer has no reasonable grounds for suspecting there is a
        Family Law Act order or child protection order in force that may be
        inconsistent with the proposed terms of the family violence safety
        notice, after making reasonable enquiries of the respondent, the
        affected family member and any other adults at the scene of the
        incident; and

   (d)  the police officer believes on reasonable grounds there is no family
        violence intervention order in place between the affected family
        member and respondent; and

   (e)  the police officer believes on reasonable grounds that, until an
        application for a family violence intervention order can be decided by
        the court, a family violence safety notice is necessary-

   (i)  to ensure the safety of the affected family member; or

   (ii) to preserve any property of the affected family member; or

   (iii) to protect a child who has been subjected to family violence
        committed by the respondent; and

   (f)  the police officer makes the application-

   (i)  before 9 a.m. or after 5 p.m. on a weekday; or

   (ii) on a Saturday, Sunday or public holiday.