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. What is the difference between a protection order and a restraining order or peace bond? A protection order is issued under the Protection Against Family Violence Act and is granted where there has been family violence as described in the Act. An emergency protection order (EPO) can be obtained from a presiding justice of the peace on a 24-hour basis and can include such provisions as the respondent being required to leave the home and not contact the claimant. There is an automatic review provision that require