Is implied or expressed consent of the claimant required in order for police to proceed?
Yes. The Act allows the police or other designated persons to apply for a protection order on behalf of a claimant only with the claimant’s consent. The person applying on behalf of the claimant must, therefore, determine whether or not there is consent. This is best achieved by getting express consent from the claimant. However, there is no consent required for the police to lay charges for a criminal offence. 27. Can a warrant permitting entry be used for the purpose of arrest or search and seizure of evidence? The purpose of the Protection Against Family Violence Act is to provide protection for victims of family violence. It is not a criminal process and does not affix criminal responsibility on a particular individual. A warrant permitting entry provides only an ability for the peace officer to enter, search for and examine the person in question and remove that person with that person’s consent. The general police powers of arrest and seizure remain the same as before the Act. 28