Domestic Violence Protection Notices and Orders

The Crime and Security Act 2010 ("the Act") empowers the police to provide immediate emergency protection to the victims of domestic violence.

After the immediate intervention of the police, the Magistrates' Court is asked to reinforce and confirm the protection afforded by the legislation.

Here we provide a brief summary of the domestic violence provisions of the Act. Readers are encouraged to consult the legislation directly if they require further information.

Domestic Violence Protection Notices:

Section 24 of the Act describes the circumstances in which a Domestic Violence Protection Notice (DVPN) can be issued by the police.

A DVPN can only be issued by an officer of at least superintendent rank, who is referred to as the authorising officer in the legislation.

The authorising officer can issue a DVPN to a person (P) aged 18 years or older if satisfied that:

• P has been violent towards, or has threatened violence towards, an associated person (V);
• the issue of the DVPN is necessary to protect V from violence, or the threat of violence, by P.

For the purposes of the legislation, an associated person is defined by section 64(2) of the Family Law Act 1996.

Before issuing a DVPN the authorising officer must, in particular, consider:

• the welfare of any person under the age of 18 whose interests the officer considers relevant to the issuing of the DVPN (whether or not that person is an associated person);
• the opinion of V as to whether the DVPN should be issued;
• any representations made by P as to the issuing of the DVPN;
• if P lives in the same premises as V, the opinion of any other associated person living within that premises.

V does not need to agree to the issuing of the DVPN.

A DVPN must include a provision to prohibit P from molesting V.

If P lives in the same premises as V, the DVPN may also include the following provisions:

• to prohibit P from evicting or excluding V from the premises;
• to prohibit P from entering the premises;
• to require P to leave the premises;
• to prohibit P from coming to within a certain distance of the premises, that distance being specified in the DVPN.

Section 25 of the Act states that a DVPN must be in writing and served personally on P by a police constable.

A DVPN must inform P that an application for a Domestic Violence Protection Order (DVPO) will be made at the Magistrates' Court within 48 hours of the DVPN being served. The time and venue of the hearing must be given, in case P wishes to make representations to the court. Christmas Day, Good Friday, Sundays and Bank Holidays are not counted towards the 48 hour time limit.

If P breaches the DVPN they are liable to arrest without warrant, in which case they will be held in custody, for not more than 24 hours, until the hearing of the DVPO application.

Domestic Violence Protection Orders:

Section 27 of the Act describes the circumstances in which a Domestic Violence Protection Order (DVPO) can be issued by the Magistrates' Court.

In common with the DVPN, the court can only make a DVPO if satisfied, on the balance of probabilities, that the following conditions are met:

• P has been violent towards, or has threatened violence towards V;
• the issue of the DVPO is necessary to protect V from violence, or the threat of violence, by P.

Before issuing a DVPO the court must, in particular, consider:

• the welfare of any person under the age of 18 whose interests the officer considers relevant to the making of the DVPO (whether or not that person is an associated person);
• the opinion of V as to whether the DVPO should be made;
• any representations made by P as to the making of the DVPO;
• if P lives in the same premises as V, the opinion of any other associated person living within that premises.

V does not need to agree to the making of the DVPO.

A DVPO must include a provision to prohibit P from molesting V.

If P lives in the same premises as V, the DVPO may also include the following provisions:

• to prohibit P from evicting or excluding V from the premises;
• to prohibit P from entering the premises;
• to require P to leave the premises;
• to prohibit P from coming to within a certain distance of the premises, that distance being specified in the DVPO.

A DVPO is made for a period of at least 14 days and not more than 28 days, as specified in the DVPO.

If P breaches the DVPO they are liable to arrest without warrant, in which case they will be held in custody, for not more than 24 hours, to be brought before the Magistrates' Court.

If, for whatever reason, the court does not dispose of the matter, P may be remanded in custody until the next opportunity that the court can dispose of the matter.

A breach of a DVPO is a civil breach and does not result in a criminal conviction. It can be punished in accordance with section 63 of the Magistrates' Court Act 1980, namely:

• by the imposition of a fine not exceeding £50 for each day the order is breached;
• by a period of imprisonment not exceeding 2 months.