QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.129When police officer may apply for temporary protection order
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### sec.129 When police officer may apply for temporary protection order
A police officer may apply for a temporary protection order against a person if—
an application for a protection order against the person has been prepared; and
the police officer reasonably believes that the application for the protection order will not be decided sufficiently quickly by a court to protect the aggrieved from domestic violence; and
the remoteness of a court
the limited availability of a court
the whereabouts of the respondent is unknown
the police officer reasonably believes that a temporary protection order is necessary or desirable to protect the aggrieved from domestic violence.
A police officer must apply for a temporary protection order against a person taken into custody under division 3 if—
an application for a protection order against the person has been prepared as required under section 118 (1) ; and
it is not reasonably practicable, as mentioned in section 118 (2) , to bring the person before the court for the hearing of the application while the respondent is still in lawful custody; and
the date for the hearing of the application for the protection order, as stated on the copy of the application prepared under section 118 (1) , is more than 5 business days after the day the person is to be released.
s 129 amd 2016 No. 51 s 37
(sec.129-ssec.1) A police officer may apply for a temporary protection order against a person if— an application for a protection order against the person has been prepared; and the police officer reasonably believes that the application for the protection order will not be decided sufficiently quickly by a court to protect the aggrieved from domestic violence; and the remoteness of a court the limited availability of a court the whereabouts of the respondent is unknown the police officer reasonably believes that a temporary protection order is necessary or desirable to protect the aggrieved from domestic violence.
(sec.129-ssec.2) A police officer must apply for a temporary protection order against a person taken into custody under division 3 if— an application for a protection order against the person has been prepared as required under section 118 (1) ; and it is not reasonably practicable, as mentioned in section 118 (2) , to bring the person before the court for the hearing of the application while the respondent is still in lawful custody; and the date for the hearing of the application for the protection order, as stated on the copy of the application prepared under section 118 (1) , is more than 5 business days after the day the person is to be released.
- (a) an application for a protection order against the person has been prepared; and
- (b) the police officer reasonably believes that the application for the protection order will not be decided sufficiently quickly by a court to protect the aggrieved from domestic violence; and Examples of why an application may not be decided sufficiently quickly— • the remoteness of a court • the limited availability of a court • the whereabouts of the respondent is unknown
- • the remoteness of a court
- • the limited availability of a court
- • the whereabouts of the respondent is unknown
- (c) the police officer reasonably believes that a temporary protection order is necessary or desirable to protect the aggrieved from domestic violence.
- • the remoteness of a court
- • the limited availability of a court
- • the whereabouts of the respondent is unknown
- (a) an application for a protection order against the person has been prepared as required under section 118 (1) ; and
- (b) it is not reasonably practicable, as mentioned in section 118 (2) , to bring the person before the court for the hearing of the application while the respondent is still in lawful custody; and
- (c) the date for the hearing of the application for the protection order, as stated on the copy of the application prepared under section 118 (1) , is more than 5 business days after the day the person is to be released.