Domestic Violence Protection Notices (DVPN) are emergency non-molestation and eviction notices issued by the police when attending to allegations of domestic abuse. The notice takes effect from the moment it is issued by a police officer, who will then be required to make an application within 48 hours to the local Magistrates Court for a Domestic Violence Protection Order (DVPO).
Such an order will include restrictions on the accused and their ability to contact the complainant, or exclude them from a particular address or location. The order can be made without the complainant's consent, and therefore, even where a person tries to retract their complaint the police and the CPS can still take action in cases concerning domestic violence.
Bail conditions can also be imposed upon the accused who is made subject to the order, but the conditions must not conflict with the order and therefore, careful consideration should be given by both the police and the courts when dealing with the issuing of such notices in cases of domestic abuse.
Failing to adhere to a DVPO could lead to you being remanded into custody. It is not an offence in itself to breach the order but it can be seen as contempt of court, and the action committed leading to the breach could constitute a criminal offence.
The first step which initiates the imposing of a DVPO is a complaint made to the police or another agency.
The police will consult with the Superintendent at an early stage to determine whether to impose a DVPN.
Where is is decided that it is proportionate and necessary to protect the complainant from violence or threats of violence a DVPN will be issued in person to the accused by a police officer.
The notice will explain the necessity, the restrictions in place and the process of a court making a DVPO within 48 hours.
Application must be made by complaint by a Constable (constable being a police constable, solicitor employed by the police, by a barrister/legal advisor instructed by police or by ‘another person authorised to make the complaint’) to the magistrate’s court and not later than 48 hours after the DVPN was served. The application will either be granted or refused.
Being issued with a DVPN and DVPO can have devastating consequences on family life, a persons job and their relationship with any children within the family. These types of cases require a robust yet compassionate approach, it is often during this period emotions between both parties are at their highest and therefore, instructing specialist solicitors who can take an objective view and put your legal interests first is important.
It is also unlikely at this stage of an allegation that a person has been charged with any related offences. Therefore, liaising with the police and Crown Prosecution Service from the very beginning to explain your version of events and raise your defence could prevent a criminal prosecution taking place. It is often that there are two sides to every story but how you present yourself and your case is crucial to going towards achieving the best possible outcome.
Our lawyers can have a free, confidential and non judgemental chat with you about your personal circumstances and case. We appreciate discussing personal intimate relationship issues can be difficult but we are experienced and committed to providing a high level of service and care to our clients.
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