VICIn ForceAct
Family Violence Protection Act 2008
159AApplications for DVOs—additional requirements for direction or search without warrant
Start here
Get a plain-English read of 159A
Turn the raw legal text into a practical explanation grounded in Family Violence Protection Act 2008.
159A Applications for DVOs—additional requirements for direction or search without warrant
If a police officer intends to serve or has served an application for a recognised DVO or an interstate DVO on a person, the police officer must not give a direction under section 158(2) or enter and search premises or a vehicle under section 159(2) unless—
(a) the police officer is satisfied, on the balance of probabilities, that the person has committed family violence against a person sought to be protected by the order and is likely to continue to do so or do so again; or
(b) the police officer believes on reasonable grounds that the direction is, or entry and search are, necessary to ensure the safety of a person sought to be protected by the order pending final determination of the application.