90Detention of defendant for service of order or variation

#### 90 Detention of defendant for service of order or variation 90 Detention of defendant for service of order or variation > > (1) A police officer who reasonably suspects that a person is the defendant in relation to an apprehended violence order may direct the person to remain where the person is for the purpose only of serving on the person a copy of the order, or a variation of the order, that is required to be served personally under this Act. > > > (1A) A police officer who reasonably suspects that a person is a defendant under a non-local domestic violence order may direct the person to remain where the person is for the purpose only of serving on the person a copy of the order, or a variation of the order, if the law of the jurisdiction in which the order or variation was made requires the order or variation to be served personally. > > > (2) If a person refuses or fails to comply with a direction under this section, the police officer who gave the direction or another police officer may detain the person at the place where the person is, or detain the person and take the person to a police station, for the purpose only of serving the order or variation on the person. > > Note. > > Division 1A of Part 3 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) enables a police officer to require the name of a person who the police officer suspects on reasonable grounds may be the defendant in relation to an apprehended violence order. Section 87 of that Act provides that if a police officer enters a dwelling under a power conferred by that Act and believes on reasonable grounds that a dangerous article or dangerous implement that may have been used or may be used to commit a domestic violence offence is in the dwelling, the police officer may search for the article or implement and seize and detain it. > > **s 90:** Am 2013 No 87, Sch 1 \[20\]; 2017 No 44, Sch 1.6 \[9\].