Domestic and Family Violence Act 2007
28When authorised police officer may make DVO
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28 When authorised police officer may make DVO (1) An authorised police officer may make a police DVO under this Part if satisfied that: (a) it is necessary to ensure the protected person's safety: (i) because of urgent circumstances; or (ii) because it is not otherwise practicable in the circumstances to obtain a court DVO; and (b) a court DVO might reasonably have been made had it been applied for. (2) An authorised police officer may make a police DVO even if the respondent is not given an opportunity to answer any allegation made in relation to the making of the police DVO. (3) A police DVO must not include more than one person as the protected person, unless each additional protected person included in the police DVO is: (a) a child of the protected person; or (b) a person who usually resides with the protected person; or (c) without limiting paragraphs (a) or (b), a person under the care of the protected person. Notes for section 28 1 An authorised police officer is an issuing authority and must consider the matters under section 19 in deciding whether to make a police DVO. 2 Part 2.2 provides for the matters to be considered in making a DVO and 29 Matters to be recorded on police DVO (1) An authorised police officer who makes a police DVO must record, or ensure that another police officer records, the following on the police DVO: (a) the reasons for making it;
Domestic and Family Violence Act 2007 31 (2) The time for the Court hearing for confirmation of the police DVO must be as soon as practicable after it is made.