TASIn ForceAct
Family Violence Act 2004
14Police family violence orders
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### 14 Police family violence orders
> > (1) [*\[Section 14 Subsection (1) amended by No. 29 of 2016, Sched. 1, Applied:25 Nov 2017\]*](/view/html/inforce/2017-11-25/act-2016-029#JS1@Ja2@GC3@EN) Subject to [section 14(2) of the](/view/html/inforce/2026-04-12/act-2016-029#GS14@Gs2@EN) [Domestic Violence Orders (National Recognition) Act 2016](/view/html/inforce/2026-04-12/act-2016-029) , a police officer of the rank of sergeant or above, or authorised by the Commissioner of Police, may make a PFVO and issue it to a person if the officer is satisfied that the person has committed, or is likely to commit, a family violence offence.
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> > (2) The PFVO must be served on the person to whom it is issued and a copy sent to the Chief Clerk of Petty Sessions.
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> > (3) A PFVO may require the person to whom it is issued to do any or all of the following:
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> > > > (a) vacate any premises, whether or not that person has a legal or equitable interest in the premises;
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> > > > (b) not enter any premises or only enter premises on certain conditions, whether or not that person has a legal or equitable interest in the premises;
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> > > > (c) surrender any firearm or other weapon;
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> > > > (d) refrain from harassing, threatening, verbally abusing or assaulting an affected person, affected child or other person named in the order;
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> > > > (e) not approach, within a specified distance, an affected person, an affected child, other person named in the order or certain premises;
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> > > > (f) [*\[Section 14 Subsection (3) amended by No. 21 of 2022, s. 8, Applied:22 Dec 2022\]*](/view/html/inforce/2022-12-22/act-2022-021#GS8@Hpa@EN) refrain from contacting an affected person, affected child or other person named in the order directly or indirectly or otherwise than under specified conditions;
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> > > > (g) [*\[Section 14 Subsection (3) amended by No. 21 of 2022, s. 8, Applied:22 Dec 2022\]*](/view/html/inforce/2022-12-22/act-2022-021#GS8@Hpb@EN) refrain from engaging in any other conduct specified in the order that constitutes, or may constitute, family violence.
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> > (4) The affected person is to inform the issuing officer of any relevant Family Court order.
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> > (5) The terms of a PFVO are to take account of any relevant Family Court order of which the issuing officer is aware.
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> > (6) Unless sooner revoked, varied or extended, a PFVO operates from the date of service for such period, not exceeding 12 months, as may be specified in the PFVO.
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> > (7) A police officer of the rank of inspector or above may vary a PFVO where –
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> > > > (a) the affected person and the person against whom it is made consent to the variation; and
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> > > > (b) the variation will not adversely affect the safety and interests of the affected person or any affected child.
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> > (8) A PFVO is revoked by the issue and service of an FVO or interim FVO in respect of the same parties.
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> > (9) Subject to [subsection (10)](#GS14@Gs10@EN) , a court may vary, extend or revoke a PFVO on the application of a police officer, an affected person, the person to whom it is issued or any other person to whom leave is granted, at any time during its operation.
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> > (9A) [*\[Section 14 Subsection (9A) inserted by No. 32 of 2015, s. 8, Applied:06 Oct 2015\]*](/view/html/inforce/2015-10-06/act-2015-032#GS8@EN) If an application is made under [subsection (9)](#GS14@Gs9@EN) to vary, extend or revoke a PFVO under this section, the court may make an interim FVO as set out in [section 23](#GS23@EN) .
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> > (10) Where a person has applied to have a PFVO varied or revoked and the application has been dismissed, any subsequent application under [subsection (9)](#GS14@Gs9@EN) may only be made with the leave of the court.
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> > (11) The court is not to grant leave under [subsection (10)](#GS14@Gs10@EN) unless satisfied that there has been a substantial change in the relevant circumstances since the order was made.
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> > (12) In determining an application under [subsection (9)](#GS14@Gs9@EN) , a court may make any order which may be made under [Part 4](#HP4@EN) .
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> > (13) A PFVO which has been varied or extended by a court is taken to be an FVO.
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> > (14) A variation, extension or revocation of a PFVO takes effect from the date of service.
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> > (15) A PFVO –
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> > > > (a) suspends, for the period during which the order is in force, any licence or other permit relating to the possession of a firearm by the person to whom the order is issued; and
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> > > > (b) prohibits the person from applying for, or being granted or issued, any such licence or other permit during that period.