Police Safety Orders

From 1 July 2010 Police are able to issue a Police safety order (PSO) when they believe family violence has occurred or might occur.

The order lasts from one to five days to protect the person at risk from violence, harassment or intimidation.

Police do not need the consent of the person at risk to issue the order.

The person bound by the order:

• must leave the address while the PSO is in force
• must not assault, threaten, intimidate or harass the protected person (the person at risk) or encourage anyone else to
• must not follow, stop or contact in any way the person at risk in any place, at home, at work or anywhere else the person at risk visits often
• must surrender all firearms and their firearms licence to the Police for the period of the PSO

The PSO also protects any children living with the person at risk and any conditions of parenting orders or agreements permitting access of care by the bound person are suspended.

Police may detain the bound person for up to two hours to issue and serve the PSO.

There is no right of appeal.

If the bound person does anything that is not permitted by the PSO, the Police can take the person into custody and put them before the Court, which may:

• release the bound person
• direct the Police to issue another PSO
• issue a temporary Protection Order (if the person at risk does not object)

No criminal convictions result from the issue or breach of a PSO but any offences committed, such as assault, will be investigated and charges laid where sufficient evidence exists.

For information on family violence and agencies that can assist, click here.

For the legislation relating to Police safety orders, see The Domestic Violence Amendment Act 2009.