Domestic Violence Protection Notices and Orders (DVPN and DVPOs) Flashcards
Q: What is the current law on DVPNs and DVPOs?
S24-s33 Crime and Security Act 2010
Q: What will the Domestic Abuse Act 2021 alter?
When the new regime is in place (2021 Act) the age will drop to 16 and over and the notices will relate to abuse, rather than violence.
When the 2021 Act is fully in force, it will replace DVPNs and DVPOs with Domestic Abuse Protection Notices and Orders.
Q: What is a DVPN?
A DVPN is the initial notice issued by police to provide emergency protection to an individual believed to be the V of domestic violence and abuse.
Q: Who can issue a DVPN?
S24(1)
It may be issued by a Superintendent or above to a person known as ‘P’ aged 18 or over.
Q: What does the authorising officer need to be satisfied of in order to issue a DVPN?
S24(2) A DVPN may be issued to a person (‘P’) aged 18 years or over if the authorising officer has reasonable grounds for believing that—
(a) P has been violent towards or has threatened violence towards an associated person and
(b) the issue of the notice is necessary to protect that person from violence or threats of violence by P.
Q: What does the authorising officer (SI) need to consider before issuing a DVPN?
S24(3)
(3) Before issuing the notice, the authorising officer must consider-
(a) the welfare of any person under 18 whose interests the officer may see as relevant to the issuing of the notice
(b) the opinion of the person for whose protection the notice would be issued
(c) any representation made by P as to the issuing of the notice and
(d) the opinion of any other associated person who lives in the premises to which the notice would relate.
Q: What does the officer need to do to discover the above opinions?
S24(4)
The authorising officer must take reasonable steps to discover these opinions, but it is not essential that the person for whose the protection the notice would be issued consents to its issue. this is because victims may not be able to speak up against their abuser or leave them.
Q: Is the consent of V needed for the issuing of a DVPN?
S24(5)- yes!
But the authorising officer may issue a DVPN in circumstances where the person for whose protection it is issued does not consent to the issuing of the DVPN.
Q: What is the purpose of a DVPN?
The purpose of a DVPN is to secure the immediate protection of a victim of domestic violence from future violence or threats of violence from a suspected perpetrator.
As a minimum, a notice will prohibit P from molesting V. There is no legal definition of molestation, but in this context it means behaviour which harms or intimidates.
Q: What may the DVPN prohibit P from doing regarding V?
The notice could include prohibiting P from contacting V by any means, from using or threatening physical violence against V or from intimidating, harassing or pestering them.
A notice may also exclude P from the premises if they live with V.
Q: What must a constable do when a DVPN has been issued?
Where a notice has been issued, a constable must apply to a Magistrate’s court for a DVPO. The application must be heard by the court, not later than 48 hours after the initial DVPN was served (s27). This is not including bank holidays, public holidays or Sundays.
Q: What is a DVPO?
If the court agrees that an order should be made, it will issue a DVPO that will last between 14 and 28 days and will further prohibit P from molesting V and it may also make provision about access to shared accommodation.
Q: What happens if P breaches the DVPN?
A person who breaches a notice may be arrested without warrant and must be held in custody to appear before a magistrates court within 24 hours (s26). The court may hear an application for a more long-term DVPO.
DVPNs and DVPOs are civil processes so breach of an order is a civil matter and not a criminal offence. However, enforcement action can be taken in a Magistrate’s Court as a contempt of court. The breach has to be proved at the civil standard and the court can order imprisonment for a period of up to 2 months or a fine.
Q: Is a DVPO a civil or criminal matter?
As an order is a civil matter, any allegations of abuse must be proved on a balance of probabilities.
The longer period of protection given by the order, will enable V and appropriate authorities time to seek a more long term solution to V’s situation.
