Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RESTRAINING ORDERS ACT 1997 - SECT 30A

30A .         When police order may be made

        (1)         A police officer may make a police order in accordance with this Division if the officer reasonably believes that the case meets the criteria set out in section 20(1)(a) or (b) as if the order were to be an FVRO and —

            (a)         if the officer reasonably believes that —

                  (i)         a person has committed family violence and is likely again to commit that violence; or

                  (ii)         a child has been exposed to family violence committed by or against a person with whom the child is in a family relationship and the child is likely again to be exposed to that violence;

                or

            (b)         if the officer has reasonable grounds to apprehend, or reasonably believes that another person has reasonable grounds to apprehend, that —

                  (i)         a person will have committed against the person family violence; or

                  (ii)         a child will be exposed to family violence committed by or against a person with whom the child is in a family relationship,

                and that making a police order is necessary to ensure the safety of a person.

        (2)         A police officer may make a police order whether or not an application for an order has been made.

        (3)         A police officer must not make a police order if a telephone application has been dismissed under section 23(1)(b) in relation to the same facts.

        [Section 30A inserted: No. 38 of 2004 s. 18(1); amended: No. 49 of 2016 s. 35; No. 4 of 2019 s. 12.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback