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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 118

Police officer must apply for protection order

118 Police officer must apply for protection order

(1) A police officer must, as soon as reasonably practicable after a person is taken into custody under section 116 , prepare an application for a protection order in which the person is named as the respondent.
(2) If it is reasonably practicable to bring the person before a court for the hearing of the application for the protection order while the person is still in lawful custody, a police officer must arrange for the person to be brought before the court for the hearing of the application.
(3) If it is not reasonably practicable for the person to be brought before the court for the hearing of the application for the protection order while the person is still in lawful custody, the application for the protection order must state the date and time that the respondent is required to attend the local Magistrates Court for the respondent for the hearing of the application for the protection order.
(4) For subsection (3) , the date must be—
(a) if the local Magistrates Court for the respondent sits at least once a week—within 5 business days after the person is taken into custody under section 116 ; or
(b) otherwise—the next sitting date of the local Magistrates Court for the respondent.
Note—
See section 129 (2) for when a police officer must apply for a temporary protection order.



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