Domestic Violence Protection Notices (DVPN) and Domestic Violence Protection Orders (DVPO) seek to protect victims and children by requiring the abuser to immediately leave the address when served notice by the police. They place prohibitions on the perpetrator, which if breached, results in arrest. They provide an opportunity for agencies to parachute intensive support to the victim and provides vital '#space to breathe' for victims to consider their options with appropriate support. These are preventative orders and can be obtained without the support or consent of the victim. They seek to break the cycle of abuse and enable the police to take decision making out of the hands of the victim and re-enforce to the perpetrator that what they are doing is wrong. For further information, please download:
What is a Domestic Violence Protection Notice (DVPN)?
A DVPN is a notice served by the police against a person who is aged over 18, where the police reasonably believe that he or she has been violent or has threatened violence against a victim and that they need to be protected from him/her. The notice can be served on a perpetrator when in custody, following an arrest, when there is insufficient evidence to charge, or used proactively before another offence is committed. The DVPN is in place for up to 48 hours and will contain prohibitions:
- it will prohibit the perpetrator from molesting (i.e. harassing, threatening or interfering with, either directly or via a 3rd party) named individuals;
- it may prohibit the perpetrator from returning to, entering, evicting from and being within a certain area around a specified address where the victim is residing
What happens if the perpetrator breaches the DVPN?
They will be arrested, kept in police custody and brought before a Magistrates' court. That Magistrates' court will then hear the application for the order (DVPO).
What is a Domestic Violence Protection Order (DVPO)?
Within 48 hours of serving the notice, police will attend the Magistrates' court with the DVPN requesting that it is converted to an order (DVPO). The Court will grant the DVPO if it is: satisfied on the balance of probabilities that the offender has been violent towards, or has threatened violence towards the victim; and it thinks the DVPO is necessary to protect that person from violence or a threat of violence by the offender. The Order may contain the same or different prohibitions to the notice. The Order will last for between 14-28 days.
What happens if the perpetrator breaches the DVPO?
They will be arrested, kept in police custody and placed before a Magistrates' court within 24 hours. The court can impose a fine and/or imprisonment for each breach. It is the decision of the court whether a breach has occurred - not you, the police nor the victim.
What should I do if the perpetrator breaches the notice/order?
Police will proactively monitor the perpetrators complicity to the prohibitions of the Notice/Order and will notify partner agencies via our MASH/HAUs to ensure support is put in place for the victim survivor during those crucial few weeks.
We all have a role in enforcing and safeguarding victims of domestic abuse. If you are aware of a breach, however minor, then contact the police on 101 (999 in an emergency situation). The police will attend and arrest the perpetrator. It's vitally important that we enforce these orders for victims and hold perpetrators to account.