Police Powers

Under the Family Violence Act, the police have the power to enter premises, without a warrant, where they suspect that family violence has been or is likely to be committed.

The police may conduct searches (both of people and property), seize items or make arrests.

The police can arrest, without a warrant, any person suspected to have committed family violence. Any person arrested may be detained for a reasonable period to determine charges. The police will also carry out a risk assessment or safety audit, implement safety measures and make and serve a Police Family Violence Order.  A risk assessment is an assessment of the risk posed to the victim of family violence and any affected children and the likelihood of reoccurrence or escalation by the alleged offender, and a safety audit is an assessment of the safety of the victim’s home (for instance assessing the door and window locks).