domestic violence protection notices / orders
The Crime and Security Act 2010 gives the police powers to issue a Domestic Violence Protection Notice (DVPN) and apply to the Magistrates’ Court for Domestic Violence Protection Order (DVPO).
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Domestic Violence Protection Notices / Orders
Domestic Violence Protection Notices (DVPN) and Domestic Violence Protection Orders (DVPO) allow for conditions to be put in place by the police to protect a person following an allegation of domestic violence. These notices / orders are used where the police / court reasonably believe that a person has threatened or used violence against another in a domestic context.
DVPN
The DVPN notice is ordinarily served by the police on a person when they are in police custody. These notices may be used, where a criminal allegation has been made, but a decision is taken not to prosecute. Once served, the DVPN is in place for up to 48 hours and will contain prohibitions, preventing the Respondent from contacting, intimidating, harassing, or pestering the ‘protected person’. It may also exclude them from attending an address / location.
DVPO
If the police wish for the conditions to remain in place for a period in excess of 48 hours, they will apply to the Magistrates’ Court for a Domestic Violence Protection Order. The resulting DVPO, if granted, lasts for between 14 and 28 days. It often contains the same or similar prohibitions as the DVPN.
DVPNs and DVPOs are designed to address domestic abuse allegations where there is insufficient evidence to provide a realistic prospect of conviction. These are civil proceedings heard in the Magistrates Court.
Opposing the Application
In order for a DVPO to be granted, the Court has to be satisfied:
You have been violent or threatened violence towards an associated person (connected in a domestic context); and
The making of a DVPO is necessary to protect that person.
We regularly defend clients in DVPO hearings, which can include questioning of police officers and witnesses, and making representations to the Judge.
Sentencing
Breach of a DVPO, the Court can:
Take no action.
Impose a financial penalty.
Impose up to 2 months imprisonment.
If you are the subject of an application for a DVPO, please get in touch with our specialist team.