What does Power of Arrest involve under the Domestic Violence Act 1994?

Power of Arrest enables a police officer to arrest without warrant a person against whom a domestic violence protection order or interim protection order is made, if he is reasonably suspected to be in breach of an order issued in the protection order or interim protection order.

Once the person against whom the order is made is arrested, the police is required to bring the person before the judge within twenty-four (24) hours of his arrest and such person shall not be released within that period except on the direction of the judge.

Domestic Violence and Police Arrest

The court can attach a Power of Arrest to a domestic violence interim protection order or protection order, if the court conclusively finds that the person against whom the order is made is likely to cause actual physical injury to the protected person and that the protected person and children will not be adequately protected without a Power of Arrest.

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Knowledge Base ID :   1041
Last Reviewed :   November 17, 2016
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