QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.101Police officer may issue police protection notice
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### sec.101 Police officer may issue police protection notice
A police officer may issue a notice (a police protection notice ) against a person (the respondent ) if the police officer—
reasonably believes the respondent has committed domestic violence; and
if the respondent is not present at the same location as the police officer—has made a reasonable attempt to locate and talk to the respondent, including by telephone, to afford the respondent natural justice in relation to the issuing of a police protection notice; and
reasonably believes that no domestic violence order or recognised interstate order has been made or police protection notice issued that—
names the respondent as a respondent and another person involved in the domestic violence mentioned in paragraph (a) as the aggrieved; or
names the respondent as the aggrieved and another person involved in the domestic violence mentioned in paragraph (a) as a respondent; and
reasonably believes a police protection notice is necessary or desirable to protect the aggrieved from domestic violence; and
reasonably believes the respondent should not be taken into custody under division 3 .
This section is subject to sections 102 and 103 .
s 101 sub 2016 No. 51 s 19
amd 2016 No. 51 s 54
(sec.101-ssec.1) A police officer may issue a notice (a police protection notice ) against a person (the respondent ) if the police officer— reasonably believes the respondent has committed domestic violence; and if the respondent is not present at the same location as the police officer—has made a reasonable attempt to locate and talk to the respondent, including by telephone, to afford the respondent natural justice in relation to the issuing of a police protection notice; and reasonably believes that no domestic violence order or recognised interstate order has been made or police protection notice issued that— names the respondent as a respondent and another person involved in the domestic violence mentioned in paragraph (a) as the aggrieved; or names the respondent as the aggrieved and another person involved in the domestic violence mentioned in paragraph (a) as a respondent; and reasonably believes a police protection notice is necessary or desirable to protect the aggrieved from domestic violence; and reasonably believes the respondent should not be taken into custody under division 3 .
(sec.101-ssec.2) This section is subject to sections 102 and 103 .
- (a) reasonably believes the respondent has committed domestic violence; and
- (b) if the respondent is not present at the same location as the police officer—has made a reasonable attempt to locate and talk to the respondent, including by telephone, to afford the respondent natural justice in relation to the issuing of a police protection notice; and
- (c) reasonably believes that no domestic violence order or recognised interstate order has been made or police protection notice issued that— (i) names the respondent as a respondent and another person involved in the domestic violence mentioned in paragraph (a) as the aggrieved; or (ii) names the respondent as the aggrieved and another person involved in the domestic violence mentioned in paragraph (a) as a respondent; and
- (i) names the respondent as a respondent and another person involved in the domestic violence mentioned in paragraph (a) as the aggrieved; or
- (ii) names the respondent as the aggrieved and another person involved in the domestic violence mentioned in paragraph (a) as a respondent; and
- (d) reasonably believes a police protection notice is necessary or desirable to protect the aggrieved from domestic violence; and
- (e) reasonably believes the respondent should not be taken into custody under division 3 .
- (i) names the respondent as a respondent and another person involved in the domestic violence mentioned in paragraph (a) as the aggrieved; or
- (ii) names the respondent as the aggrieved and another person involved in the domestic violence mentioned in paragraph (a) as a respondent; and