TASIn ForceAct
Family Violence Act 2004
25APowers of court to remand in custody, admit to bail, &c.
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### 25A Powers of court to remand in custody, admit to bail, &c.
> [*\[Section 25A Inserted by No. 32 of 2015, s. 10, Applied:06 Oct 2015\]*](/view/html/inforce/2015-10-06/act-2015-032#GS10@EN)
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> > (1) If for any reason the proceedings in respect of an application for an FVO are adjourned, a court may decide to –
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> > > > (a) remand the respondent to the application in custody and issue a warrant accordingly; or
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> > > > (b) admit the respondent to the application to bail; or
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> > > > (c) issue a summons to the respondent to the application ordering the respondent to appear before a court at a time and place, mentioned in the summons, to which the proceedings are adjourned.
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> > (2) In making a decision under [subsection (1)](#GS25A@Gs1@EN) , the court must consider the safety and interests of the respondent's spouse or partner, and any affected child, to be of paramount importance.
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> > (3) If a court remands a respondent to an application for an FVO in custody in accordance with [subsection (1)(a)](#GS25A@Gs1@Hpa@EN) , the court is to –
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> > > > (a) specify in the warrant –
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> > > > > > (i) that the respondent is to be kept in custody for a period not exceeding 28 days at any one time; and
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> > > > > > (ii) the date the respondent is to be brought before the court; and
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> > > > (b) inform the respondent of the matters specified in the warrant in accordance with [paragraph (a)](#GS25A@Gs3@Hpa@EN) .
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> > (4) The period for which a respondent to an application for an FVO may be admitted to bail in accordance with [subsection (1)(b)](#GS25A@Gs1@Hpb@EN) must not exceed 60 days.