Domestic Violence Protection Notice: Fact Sheet

Domestic Violence Protection Notice (DVPN): Fact Sheet

What is a DVPN?

Domestic Violence Protection Notices (DVPN) are issued by the police and seen as an emergency measure taken when an offence of domestic violence is alleged. The aim of the DVPN is to prevent the accused from attending the address of the complainant or from contacting them in anyway.

A DVPN may be issued if a police officer of rank no lower than a superintendent has reasonable grounds for believing that:

The individual has used/ threatened violence towards the alleged complainant; and,
DVPN is necessary to protect the complainant from further violence/ threats of violence

It is important that when a DVPN is made, that the terms do not conflict with the accused’s bail conditions.

A DVPN can last for a maximum of 28 days.

When is a DVPN made?

DVPNs are made in the immediate aftermath of a domestic violence incident where there is insufficient evidence to charge the accused and provide protection through any other means.

If CPS advice is to charge for a domestic related offence, then a DVPN may not be necessary or proportionate. Also where there is a remand in custody or when strict bail conditions are in place there also may be no need for a DVPN.

In order for a DVPN to be available:

• The suspect must be over 18.

• There must be reasonable grounds for believing that the accused has been violent or has threatened violence towards an associated person, and;

• That the DVPN is necessary to protect the associated person from violence or threat of violence by the accused.

What is an associated person?

In law an associated person is a person who is associated with the suspect within the meaning of s.62 of Family Law Act 1996.

What are the likely terms of a DVPN?

The terms which can be included in the DVPN are set out within section 24 of the Crime and Security Act 2010, examples include:

Not to molest the complainant, this can be a general term or may set out specific acts of molestation.
The accused is not to evict or exclude from the premises the complainant.
The accused is not to enter the premises.
They must not require the complainant to leave the premises.
Not to go within a specified distance of the property in question.

Is it an offence to breach a DVPN?

Breach of a DVPN provides the police with a power of arrest. If a breach is alleged or has occurred the police may arrest and remand the suspect in readiness for presenting them to the Magistrates Court.

What will happen to me if the police impose a DVPN?

The DVPN will be in place for a maximum of 28 days, however if the police intend to request for the notice to made into a court order (DVPO) this application will made to the court within 48 hours. A DVPN and DVPO do not require a criminal conviction, and they can often be put in place where there is not enough evidence to achieve a conviction, or the suspects case is being investigated and protection is required in the meantime.

What is a Domestic Violence Protection Order (DVPO)?

A Domestic Violence Protection Order (DVPO) is made by the Magistrates Court upon a successful application made by the police. A magistrates’ court may make a DVPO if they are satisfied on the balance of probabilities that the accused has been violent towards, or has threatened violence towards the complainant; and that the making of the DVPO is necessary to protect that person from violence or a threat of violence by the accused.

The complainant does not have to agree with the order or support it, the police and the court can commence the proceedings and make the order without this.

What is the time limit for applying for a DVPO after a DVPN?

It is a two-stage process involving both the police and the magistrates’ court. Once the police have served a DVPN on the suspect, an application must be made to the magistrates’ court for the DVPO within 48 hours of the DVPN being served. Where criminal proceedings are being considered, the tight timescales generally mean that starting the DVPN/DVPO process cannot wait until after a decision has been made in the criminal case. Therefore, no criminal conviction or charge is required for a DVPO application to be made.

What happens if I breach a DVPO?

Breach of a DVPO is an offence which is punishable with a fine or prison sentence dependent on the circumstances of the offending.

A breach of a DVPO is a civil breach of a court order under section 63 of the Magistrates Court Act. The penalty for a breach of a civil order is £50 for every day that the person is in default of the order, up to a maximum of £5000- or 2-months’ imprisonment. Although it is a civil order by nature, any breaches appear before the Magistrates’ Court and depending upon your financial eligibility, criminal legal aid may be available.

Can I challenge a DVPN or DVPO?

Due to the way in which the notices are given by the police there isn’t a mechanism to appeal the issuance of a DVPN. However, if you are legally represented at the police interview your solicitor can make representations on your behalf before the DVPN is issued.

However, if the police proceed to apply to the magistrate’s court for a DVPO then the rules of evidence apply and we will work with our client, where required, to oppose the order being made.

The hearing for challenging a DVPO is similar to a trial, it is possible evidence will be heard by the parties and your legal representative will ask questions of witnesses.

If you are facing court proceedings in relation to a DVPO we urge you to seek specialist legal advice so that your can be properly represented and the evidence dealt with by your legal team to benefit you.

How Eventum Legal Can Help with a DVPN/DVPO

The police will aim to serve a suspect with a DVPN quickly to ensure protective measures are put in place. Our lawyers can make representations to the police to prevent this, and can also consider any proposed DVPN alongside bail conditions to ensure both measures do not conflict with each other, or they are are not duplicated.

If a DVPO application is made by the police our lawyers will obtain and consider their application and any supporting evidence. We will work to challenge the DVPO by scrutinising evidence provided by police, strengthening and presenting our client's supporting evidence, and submitting argument as to why the making of an order is not necessary.

If you would like to discuss your DVPN or DVPO contact our lawyers free of charge today. Our friendly team take a non judgemental approach and we will spend time going through your case with you so that we can advise you in detail on the approach we will take to achieve the best possible outcome for you.

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