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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 119

Detention period limited

119 Detention period limited

(1) The person may be held in custody until the later of the following—
(a) 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—
(i) if the court decides to make a domestic violence order—when the domestic violence order is made and a police officer is able to comply with section 124 (1) (b) ; or
(ii) if the court adjourns the application for the protection order and does not make a domestic violence order—when the proceeding is adjourned; or
(iii) if the court dismisses the application for the protection order—when the application is dismissed;
(b) if it is not 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—when the application for the protection order is prepared and a police officer is able to comply with section 124 (1) (d) or (e) ;
(c) if a police officer obtains a temporary protection order under division 4 while the person is still in lawful custody—when the temporary protection order is made and a police officer is able to comply with section 124 (1) (c) .
(2) In addition, if an order is made under subsection (1) (a) (i) or (c), or an application is prepared under subsection (1) (b) , the person may be held in custody until the later of the following—
(a) if a police officer reasonably believes it is necessary to make arrangements for the safety of the aggrieved or a child—when arrangements are made for the safety of the aggrieved or the child;
(b) if a police officer reasonably believes the person is intoxicated to an extent that the person is incapable of understanding the nature and effect of a document that must be given to the person under section 124 —when the police officer reasonably believes the person is capable of understanding the nature and effect of the document;
(c) if a police officer reasonably believes the person’s behaviour is so aggressive or threatening that it presents a continuing danger of personal injury or property damage—when the police officer reasonably believes the person’s behaviour no longer presents a continuing danger of personal injury or property damage.
(3) However, the person must not be held in custody for more than the following period (the
"detention period" )—
(a) if the person is being held in custody under subsection (2) (b) —8 hours from when the person is first taken into custody under section 116 ;
(b) otherwise—4 hours from when the person is first taken into custody under section 116 .



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