TASIn ForceAct
Family Violence Act 2004
11Arrest and detention
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### 11 Arrest and detention
> > (1) Where a police officer reasonably suspects that a person has committed family violence, the officer may arrest that person without a warrant.
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> > (2) Subject to [subsection (4)](#GS11@Gs4@EN) , a person taken into custody under this section or [section 10](#GS10@EN) must be brought before a court as soon as practicable after being taken into custody unless released unconditionally or under [section 34 of the](/view/html/inforce/2026-04-12/act-1959-077#GS34@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .
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> > (3) Subject to [subsection (4)](#GS11@Gs4@EN) of this section, [section 4 of the](/view/html/inforce/2026-04-12/act-1995-072#GS4@EN) [Criminal Law Detention and Interrogation Act 1995](/view/html/inforce/2026-04-12/act-1995-072) applies to a person taken into custody under [subsection (1)](#GS11@Gs1@EN) .
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> > (4) A police officer may detain a person taken into custody under [subsection (1)](#GS11@Gs1@EN) for a period reasonably required to do any or all of the following:
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> > > > (a) determine the charge or charges which should be laid in relation to the family violence;
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> > > > (b) carry out a risk screening or safety audit;
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> > > > (c) implement the measures identified by a safety audit where it is practical to do so;
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> > > > (d) make and serve a PFVO or an application for an FVO.
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> > (5) In deciding whether to arrest a person under [subsection (1)](#GS11@Gs1@EN) , the police officer is to give priority to the safety, wellbeing and interests of any affected person or affected child.
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> > (6) [*\[Section 11 Subsection (6) inserted by No. 29 of 2016, Sched. 1, Applied:25 Nov 2017\]*](/view/html/inforce/2017-11-25/act-2016-029#JS1@Ja2@GC2@EN) A police officer may detain a person for a period reasonably required to enable the police officer to determine the status of a *non-local DVO*, as defined in the [Domestic Violence Orders (National Recognition) Act 2016](/view/html/inforce/2026-04-12/act-2016-029) .