100After-hours orders—grounds for making

100 After-hours orders—grounds for making A judicial officer may make an after-hours order if satisfied that— (a) there is a risk to an affected person of family violence by the respondent; and (b) the order is immediately necessary to— (i) ensure the safety of the affected person from the violence; or (ii) prevent substantial damage to the affected person’s property; and (c) in relation to the circumstances creating the risk mentioned in paragraph (a)— (i) it is not practicable to arrest the respondent for a family violence offence; or

(ii) there are no grounds to arrest the respondent for a family violence offence. Examples—par (c) (i) 1 the respondent is in NSW and ACT police do not have the power to make an immediate arrest 2 the respondent’s immediate location is not known Note 1 The judicial officer must also consider the matters mentioned in s 14 in deciding whether to make the after-hours order.