Applications for DVOs—additional requirements for direction or search without warrant
159A Applications for DVOs—additional requirements for direction or search without warrant
S. 159A (Heading) amended by No. 53/2016 s. 62(1).
S. 159A inserted by No. 77/2013 s. 28, amended by No. 53/2016 s. 62(2).
If a police officer intends to serve or has served an application for a recognised DVO or an interstate DVO on a person, the police officer must not give a direction under section 158(2) or enter and search premises or a vehicle under section 159(2) unless—
the police officer is satisfied, on the balance of probabilities, that the person has committed family violence against a person sought to be protected by the order and is likely to continue to do so or do so again; or
the police officer believes on reasonable grounds that the direction is, or entry and search are, necessary to ensure the safety of a person sought to be protected by the order pending final determination of the application.
This Act’s bill:Explanatory memorandumSecond reading speech
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