Queensland Numbered Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 No. 5 - SECT 125

(1) This section applies if—

(a) it is not reasonably practicable, as mentioned in section 118(3), to bring a person before the court for the hearing of the application for the protection order; and

(b) a police officer has not obtained a temporary protection order under division 4 naming the person as a respondent.

(2) The releasing police officer must release the person from custody on the conditions (the release conditions) that the releasing police officer considers—

(a) necessary in the circumstances; and

(b) desirable in the interests of the aggrieved, any named person or the respondent.

(3) The release conditions must include the following conditions—

(a) the person must not use a weapon;

(b) the person must be of good behaviour towards the aggrieved;

(c) the person must not commit domestic violence against the aggrieved;

(d) if the release conditions name a child of the aggrieved, or a child who usually lives with the aggrieved—

(i) the person must be of good behaviour towards the child; and

(ii) the person must not commit domestic violence against the child; and

(iii) the person must not expose the child to domestic violence;

(e) if the release conditions name a relative or associate of the aggrieved—

(i) the person must be of good behaviour towards the named relative or associate; and

(ii) the person must not commit associated domestic violence against the named relative or associate.

(4) The release conditions may name any child, or relative or associate, of the aggrieved who is named in the application for the protection order prepared under section 118(1).

(5) The release conditions continue in force until—

(a) if, upon the hearing of the application for the protection order, the court decides to make a domestic violence order—when the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177; or

(b) if the court adjourns the application for the protection order and does not make a domestic violence order—when the proceeding is adjourned; or

(c) if the court dismisses the application for the protection order—when the application is dismissed.

(6) If a court makes a temporary protection order in the same terms as the release conditions, the temporary protection order is taken to have been served on the respondent when the temporary protection order is made.