New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 89A

89A Detention of defendant for making and service of interim apprehended domestic violence order

(1) A police officer who is making or is about to make an application for a provisional order that is an interim apprehended domestic violence order may give any of the following directions to the person against whom the order is sought--

(a) that the person remain at the scene where the incident occurred that was the reason for making the application,

(b) in a case where the person has left the scene of that incident--that the person remain at another place where the police officer locates the person,

(c) that the person go to and remain at another place that has been agreed to by the person,

(d) that the person go to and remain at a specified police station,

(e) that the person accompany a police officer to a police station and remain at the police station,

(f) that the person accompany a police officer to another place that has been agreed to by the person, or to another place (whether or not agreed to by the person) for the purpose of receiving medical attention, and remain at that other place.

(2) If a person refuses or fails to comply with a direction under this section, the police officer who gave the direction or another police officer may detain the person at the scene of the incident or other place, or detain the person and take the person to a police station.

(3) If a direction is given under subsection (1)(e) or (f), the police officer may detain the person in the vehicle in which the person accompanies the police officer to the police station or other place for so long as is necessary to transport the person to the police station or other place.

(4) In considering whether to detain a person under subsection (3), a police officer may have regard to the following matters--

(a) the need to ensure the safety of the person for whose protection the interim apprehended domestic violence order is sought, including the need to--

(i) ensure the service of the order, and

(ii) remove the defendant from the scene of the incident, and

(iii) prevent substantial damage to property,

(b) the circumstances of the defendant,

(c) any other relevant matter.