Domestic and Family Violence Act 2007
53When application must be made for child
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53 When application must be made for child (1) A police officer or child protection officer must apply for a court DVO for the protection of a child if the officer believes on reasonable grounds: (a) domestic violence was committed, is being committed or is likely to be committed; and (b) the child's wellbeing was, is or is likely to be adversely affected by the violence. (2) Despite subsection (1), an application does not need to be made if the officer believes on reasonable grounds: (a) a DVO is already in force against the respondent for the child's protection; or
Domestic and Family Violence Act 2007 42 (b) a police DVO will be made against the respondent for the child's protection; or (c) another application for a court DVO will be made for the child's protection; or (d) a court DVO is not necessary for the child's protection because an order is in force for the child's protection under another Act.