Under the Domestic and Family Violence Act, Police in the Northern Territory have the power to enter premises on a reasonable belief that there are grounds for making a protection order, and where they believe it is necessary to remove a person from the property to prevent an imminent risk of family violence – such as harm to another person or damage to property.

The Police may conduct searches of the person and the property, seize items (such as firearms or offensive weapons) or make arrests.

The Police can arrest any person suspected to have committed family violence without a warrant. 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 Domestic Violence Order.

Under the Crimes Act, the Police have the power to enter premises, without a warrant, where they suspect that domestic 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 any person suspected to have committed domestic violence without a warrant. 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 may make and serve an emergency order.

There is a pro-arrest and pro-charge policy for domestic violence incidents reported to Police.

Risk Assessment

This 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.

The Police may offer the victim a link to support by the Domestic Violence Crisis Service who work in partnership with Police.

Safety Audit

This is an assessment of the safety of the victim’s home.

The Domestic Violence Crisis Service assist people subjected to violence to access safe accommodation.

Police officers have an obligation to investigate a situation if they:

• have a reasonable suspicion a person is committing an act of family and domestic violence that is also a criminal offence, or
• where the safety of a person is at risk.

If Police have reasonable suspicion that an act of family and domestic violence was committed, the officer may, with the approval of a senior officer, enter and search premises.

Officers may remain on the premises:

• as long as necessary to investigate whether act of family and domestic violence has occurred
• to ensure there is not imminent danger of a person committing an act of family and domestic violence
• to render such assistance as may be necessary.

In doing so a Police officer may use such force or assistance as is necessary and reasonable in the circumstances.

If Police investigate or enter premises, they must:

• apply for a restraining order
• make a police order or
• make a written record of the reasons why no action was taken to make an application or an order.

Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), the Police have the power to enter premises without a warrant (if you invite them in), where they suspect that domestic violence has been or is likely to be committed.

The Police may investigate whether domestic violence has occurred, conduct searches (both of people and property), seize items or make arrests.

If the Police believe that domestic violence has occurred, they have the power make an application for a provisional Apprehended Domestic Violence Order on your behalf for your protection.

Under the Family Violence Protection Act 2008 police have powers to enter premises without a warrant using reasonable force, where they reasonably believe that a person:

• has assaulted or threatened to assault a family member
• is on the premises in contravention of a Family Violence Intervention Order (FVIO) or a Family Violence Safety Notice (FVSN)
• is a ‘directed person‘ (see below) who is refusing or failing, or has refused or failed to comply with lawful direction.

Police also have powers to issue a family violence safety notice which may remove a perpetrator from the premises.

Directed Person

Police have the power to direct any person to leave and stay away from a certain place, or to accompany them to the Police Station.  This person becomes a ‘directed person’.  If Police make a direction, they can also search the person (and their vehicle or possessions) if they believe on reasonable grounds that the person has something they might use to cause injury or to escape.

Police can detain a directed person at the Police Station for up to six hours (or until a Family Violence Order has been made and served) or longer if Police apply for an extension.  While the directed person is at the Police Station, Police are not allowed to question them about any offence they might have commited, and Police must tell the person that they have the right to contact a lawyer and a friend.

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 any person suspected to have committed family violence without a warrant. Any person arrested may be detained for a reasonable period of time 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 Police Family Violence Order is made on the spot and can include orders for a person to leave (and stay away from) a certain place, and not to contact the other person.

Risk Assessment

This is an assessment of the risk posed to the victim of family violence and any children who may be affected.  It also considers how likely it is that the alleged offender will continue or perhaps escalate the violence.

Safety Audit

This is an assessment of the safety of the victim’s home.