sec.125When police officer must release person on conditions

### sec.125 When police officer must release person on conditions This section applies if— it is not reasonably practicable, as mentioned in section 118 (2) , to bring a person before the court for the hearing of the application for a protection order; and a police officer has not obtained a temporary protection order under division 4 naming the person as a respondent; and the releasing police officer reasonably believes a domestic violence order has been made, or a police protection notice has been issued, that names the person as the aggrieved and another person involved in the domestic violence for which the person was taken into custody as a respondent. The releasing police officer must release the person (the respondent ) from custody on the conditions (the release conditions ) that the releasing police officer considers are necessary or desirable to— protect the aggrieved from domestic violence; or protect a named person from associated domestic violence; or protect a named person who is a child from being exposed to domestic violence committed by the respondent. Without limiting subsection (2) , release conditions— must include the standard conditions for a police protection notice stated in section 106 ; and may include any or all of the following— a no-contact condition; an ouster condition; if the release conditions include an ouster condition—a return condition; another condition the releasing police officer considers is necessary or desirable in the circumstances. Sections 101B , 102 , 106 , 106A (other than to the extent that section refers to cool-down conditions) and 107D apply for releasing the respondent on release conditions as though a reference in the section to a police protection notice issued under section 101A was a reference to release conditions imposed under this section. The release conditions continue in force until— if, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or if, upon the hearing of the application for the protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or if the court adjourns the application for the protection order and does not make a domestic violence order—the proceeding is adjourned; or if the court dismisses the application for the protection order—the application is dismissed. s 125 sub 2016 No. 51 s 34 (sec.125-ssec.1) This section applies if— it is not reasonably practicable, as mentioned in section 118 (2) , to bring a person before the court for the hearing of the application for a protection order; and a police officer has not obtained a temporary protection order under division 4 naming the person as a respondent; and the releasing police officer reasonably believes a domestic violence order has been made, or a police protection notice has been issued, that names the person as the aggrieved and another person involved in the domestic violence for which the person was taken into custody as a respondent. (sec.125-ssec.2) The releasing police officer must release the person (the respondent ) from custody on the conditions (the release conditions ) that the releasing police officer considers are necessary or desirable to— protect the aggrieved from domestic violence; or protect a named person from associated domestic violence; or protect a named person who is a child from being exposed to domestic violence committed by the respondent. (sec.125-ssec.3) Without limiting subsection (2) , release conditions— must include the standard conditions for a police protection notice stated in section 106 ; and may include any or all of the following— a no-contact condition; an ouster condition; if the release conditions include an ouster condition—a return condition; another condition the releasing police officer considers is necessary or desirable in the circumstances. (sec.125-ssec.4) Sections 101B , 102 , 106 , 106A (other than to the extent that section refers to cool-down conditions) and 107D apply for releasing the respondent on release conditions as though a reference in the section to a police protection notice issued under section 101A was a reference to release conditions imposed under this section. (sec.125-ssec.5) The release conditions continue in force until— if, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or if, upon the hearing of the application for the protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or if the court adjourns the application for the protection order and does not make a domestic violence order—the proceeding is adjourned; or if the court dismisses the application for the protection order—the application is dismissed. - (a) it is not reasonably practicable, as mentioned in section 118 (2) , to bring a person before the court for the hearing of the application for a protection order; and - (b) a police officer has not obtained a temporary protection order under division 4 naming the person as a respondent; and - (c) the releasing police officer reasonably believes a domestic violence order has been made, or a police protection notice has been issued, that names the person as the aggrieved and another person involved in the domestic violence for which the person was taken into custody as a respondent. - (a) protect the aggrieved from domestic violence; or - (b) protect a named person from associated domestic violence; or - (c) protect a named person who is a child from being exposed to domestic violence committed by the respondent. - (a) must include the standard conditions for a police protection notice stated in section 106 ; and - (b) may include any or all of the following— (i) a no-contact condition; (ii) an ouster condition; (iii) if the release conditions include an ouster condition—a return condition; (iv) another condition the releasing police officer considers is necessary or desirable in the circumstances. - (i) a no-contact condition; - (ii) an ouster condition; - (iii) if the release conditions include an ouster condition—a return condition; - (iv) another condition the releasing police officer considers is necessary or desirable in the circumstances. - (i) a no-contact condition; - (ii) an ouster condition; - (iii) if the release conditions include an ouster condition—a return condition; - (iv) another condition the releasing police officer considers is necessary or desirable in the circumstances. - (a) if, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or - (b) if, upon the hearing of the application for the protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or - (c) if the court adjourns the application for the protection order and does not make a domestic violence order—the proceeding is adjourned; or - (d) if the court dismisses the application for the protection order—the application is dismissed.