After-hours orders—grounds for making
100 After-hours orders—grounds for making
A judicial officer may make an after-hours order if satisfied that—
there is a risk to an affected person of family violence by the respondent; and
the order is immediately necessary to—
ensure the safety of the affected person from the violence; or
prevent substantial damage to the affected person’s property; and
in relation to the circumstances creating the risk mentioned in paragraph (a)—
it is not practicable to arrest the respondent for a family violence offence; or
there are no grounds to arrest the respondent for a family violence offence.
Examples—par (c) (i)
1 the respondent is in NSW and ACT police do not have the power to make an immediate arrest
2 the respondent’s immediate location is not known
The judicial officer must also consider the matters mentioned in s 14 in deciding whether to make the after-hours order.
An affected person includes any child who hears, witnesses or is otherwise exposed to family violence committed against another person (see s 8 (1), def family violence, par (b) and dict).
This Act’s bill:Explanatory statementSecond reading speech
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