In this short ‘blog’ our Family Law Consultant Gareth looks at Domestic Violence Protection Orders and Notices. These Civil Orders came into force in England and Wales in 2014, under the Crime and Security Act 2010. The measures were introduced as part of a broader government effort to address domestic abuse and improve protection for victims and survivors of abuse.
What Are DVPNs and DVPOs?
A Domestic Violence Protection Notice (DVPN) is an emergency notice issued by the Police when there is a need to protect someone from domestic abuse. It acts as an immediate safeguard for the victim, often requiring the alleged perpetrator to leave the victim's residence and avoid contacting them. They are primarily issued whilst perpetrators are in custody whilst investigations into Domestic Abuse are ongoing.
Following a DVPN, the police can apply to a magistrates' court for a Domestic Violence Protection Order (DVPO). A DVPO is a legal order that provides ongoing protection for the victim for a set period, offering time to make more permanent arrangements such as applying for non-molestation orders or securing safe housing.
Why Are DVPNs and DVPOs Used?
DVPNs and DVPOs are designed to:
Provide immediate protection for victims of domestic abuse.
Allow victims time and space to seek support and make informed decisions about their next steps.
Hold perpetrators accountable for their actions and prevent further harm.
These measures are particularly valuable in situations where criminal charges may not yet have been brought or where a victim may be reluctant to pursue legal action.
What Happens If Someone Is Served One?
If someone is served a DVPN or DVPO, they must:
Comply with the specific conditions outlined in the notice or order, such as vacating the shared residence, avoiding contact with the victim, and refraining from further abuse.
Breaching the terms is a criminal offence and can result in criminal charges for breaching the order and potential imprisonment or fines.
What Evidence Is Required?
The police must have reasonable grounds to believe that:
● Domestic abuse has occurred.
● The victim remains at risk of further harm.
This evidence can include:
● Statements from the victim or witnesses.
● Physical evidence such as injuries or damage to property.
● Any history of abusive behaviour by the perpetrator can be used.
Conclusion
DVPNs and DVPOs play a vital part in safeguarding victims and survivors of domestic abuse and can offer immediate protection, and the time needed to pursue more permanent solutions. By understanding these, victims and their supporters can better navigate the legal options available when domestic abuse incidents are being investigated by police. If you would like to speak to Gareth and find out more, please get in touch.
Protection can also still be obtained though the family court route by making an application for a Non-Molestation Order or an Occupation Order. Find out more here.
Our consultants are experienced and trained in all matters involving domestic abuse. If you have been affected by an abusive relationship and need advice and support, please contact us.
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