QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.122When detention period may be extended
Start here
Get a plain-English read of sec.122
Turn the raw legal text into a practical explanation grounded in Domestic and Family Violence Protection Act 2012.
### sec.122 When detention period may be extended
A magistrate may extend the detention period for a person if satisfied—
the nature and seriousness of the alleged domestic violence require the extension; and
further detention of the person is necessary—
to make arrangements for the safety of the aggrieved or a child as mentioned in section 119 (2) (a) ; or
to allow a police officer to form a reasonable belief under section 119 (2) (c) that the person’s behaviour no longer presents a continuing danger of personal injury or property damage; and
the person, or the person’s lawyer, has been given a reasonable opportunity to prepare and make submissions about the application.
An order extending the detention period may authorise the further detention of the person for a reasonable period, of not more than 4 hours, stated in the order.
(sec.122-ssec.1) A magistrate may extend the detention period for a person if satisfied— the nature and seriousness of the alleged domestic violence require the extension; and further detention of the person is necessary— to make arrangements for the safety of the aggrieved or a child as mentioned in section 119 (2) (a) ; or to allow a police officer to form a reasonable belief under section 119 (2) (c) that the person’s behaviour no longer presents a continuing danger of personal injury or property damage; and the person, or the person’s lawyer, has been given a reasonable opportunity to prepare and make submissions about the application.
(sec.122-ssec.2) An order extending the detention period may authorise the further detention of the person for a reasonable period, of not more than 4 hours, stated in the order.
- (a) the nature and seriousness of the alleged domestic violence require the extension; and
- (b) further detention of the person is necessary— (i) to make arrangements for the safety of the aggrieved or a child as mentioned in section 119 (2) (a) ; or (ii) to allow a police officer to form a reasonable belief under section 119 (2) (c) that the person’s behaviour no longer presents a continuing danger of personal injury or property damage; and
- (i) to make arrangements for the safety of the aggrieved or a child as mentioned in section 119 (2) (a) ; or
- (ii) to allow a police officer to form a reasonable belief under section 119 (2) (c) that the person’s behaviour no longer presents a continuing danger of personal injury or property damage; and
- (c) the person, or the person’s lawyer, has been given a reasonable opportunity to prepare and make submissions about the application.
- (i) to make arrangements for the safety of the aggrieved or a child as mentioned in section 119 (2) (a) ; or
- (ii) to allow a police officer to form a reasonable belief under section 119 (2) (c) that the person’s behaviour no longer presents a continuing danger of personal injury or property damage; and