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. 

We Can Help With

By Jessica Wilson April 22, 2025
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
By Jessica Wilson April 18, 2025
Falsely accused of a sexual or domestic offence? Our team answer some frequently asked questions.
By Sylvie Smith April 16, 2025
Social media is increasing the risk of unintentional viewing of illegal material, leading to arrests and convictions.
More Posts