Domestic Violence Protection Orders (DVPOs) were introduced across England and Wales in March 2014 as part of the Call to End Violence Against Women and Girls action plan.
Under the DVPO scheme, police and magistrates have the power to ban a domestic violence perpetrator from returning to their home or having contact with the victim for up to 28 days in the immediate aftermath of a domestic violence incident.
An initial temporary notice, the Domestic Violence Protection Notice (DVPN) can be issued when authorised by a senior police officer, and this is then followed by a DVPO which will be imposed at the magistrates’ court.
DVPOs are often imposed where there is not sufficient evidence to charge the perpetrator with a criminal offence.
No, the victim doesn’t have to consent to the DVPO or even have provided a statement to the police.
The initial temporary notice lasts for 48 hours. If a longer-term order is to be granted, the police must make an application to the magistrates court to hear their case within 48 hours of the notice being issued.
The magistrates court must be satisfied that the following conditions are met:
- they are satisfied that on the balance of probabilities the perpetrator has been violent towards or has threatened violence towards the victim
- they believe that the order is necessary to protect the victim from violence or threat or violence
The order will be for a minimum of 14 days and a maximum of 28 days.
Any breaches of the order will result in the perpetrator being arrested, where they may be remanded in custody and brought before the magistrate’s court.
