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Arrest and personal safety intervention orders

According to the police code of practice, police are expected to treat all incidents of prohibited behaviour as a crime until they establish that no criminal offence has been committed.

When at the scene, a police officer must determine whether there are sufficient grounds to make an arrest. They may arrest a person on suspicion of criminal offences.

After interviewing and investigating an incident, the police decide whether there is sufficient evidence to charge the offender.

Is the stalking or prohibited behaviour a criminal offence?

Police can lay criminal charges if they believe a criminal offence has been committed.

Power to arrest if there is violence involving personal safety

A police officer also has the power to arrest a respondent:

  • if a magistrate or registrar has issued warrant
  • for contravention of personal safety intervention order (without a warrant).

The purpose of the direction and detention powers is to protect the affected person before and after they go to court.

More information


Personal Safety Intervention Orders Act 2010 (Vic)

  • s. 21—warrant may be issued by a registrar or magistrate; lists when this can be issued; not necessary for warrant to be in possession of police at the time of the arrest
  • s. 101—power to arrest for contravention of an intervention order without a warrant

See Personal Safety Intervention Orders Act 2010 (Vic).

Crimes Act 1958 (Vic)

  • s. 457—no person to be arrested without a warrant unless this is explicitly stated in this or another Act
  • s. 458—power to arrest person who is caught committing an offence
  • s. 459—police power to apprehend

See Crimes Act 1958 (Vic).