Victorian Numbered Acts

NATIONAL DOMESTIC VIOLENCE ORDER SCHEME ACT 2016 (NO. 53 OF 2016) - SECT 42

After section 13 of the Family Violence Protection Act 2008 insert —

        " 13A     Criteria for exercise of powers—recognised DVOs

    (1)     Subject to subsection (2), a police officer may exercise a power under this Division in relation to a person if the police officer—

        (a)     intends to make an application against the person for an order varying a recognised DVO; or

        (b)     reasonably believes that the person is a respondent to a recognised DVO and the police officer—

              (i)     intends to obtain a copy of the recognised DVO; and

              (ii)     if the recognised DVO has not been served, serve a copy on the person.

    (2)         The police officer must not exercise the power unless—

        (a)     the officer has reasonable grounds for suspecting that the person is an adult; and

        (b)     the officer believes on reasonable grounds that exercise of the power is necessary to ensure the safety of a family member of the person or to preserve any property of the family member.".