Explained: Domestic Violence Protection Orders (DVPOs) & Notices (DVPNs)

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Explained: Domestic Violence Protection Orders (DVPOs) & Notices (DVPNs)

The police will often issue Domestic Violence Protection Notices (DVPNs) following allegations of domestic violence where the alleged perpetrator has not been charged

These are allegations that have not been adjudicated by a judge or a jury and have not been proven to the criminal standard of proof of beyond a reasonable doubt. In many cases the police have the impossible task where both parties claim to be the victim and that the other is the perpetrator.

One can be issued in cases where the officer who attends has a reasonable belief that domestic violence has taken place and that it is necessary to protect that person from violence or the threat of violence. That is on the ‘balance of probabilities’, the civil burden of proof and not the criminal standard. They can be imposed even in cases where the victim is not seeking such an order.

A Domestic Violence Prevention Notice (DVPN) prohibit molesting of the victim and forces the alleged perpetrator to leave the property for 48 hours. You will then attend Court for an application will then be made to the Magistrates’ Court for a full Domestic Violent Prevention Order (DVPO) prohibit molesting of the victim and force the perpetrators continued removal from the premises for between 14 to 28 days.

The intention being to give the alleged domestic abuse victim sufficient breathing space to make decisions and seek help/support and to prevent the perpetrator from further molesting the victim. It can only be served upon a perpetrator alleged to be 18 years or older.

Can I Get Legal Representation?

Legal aid may be available to challenge the imposition of a full DVPO, subject to the usual means test. Burton Copeland may be able to provide specialist legal representation. However it is imperative to seek assistance as soon as you receive the DVPN and before Court.

Our team of Solicitors at Burton Copeland have successfully defendant clients facing the imposition of a full order. Furthermore, even if you accept the imposition of the order, it may still be possible to argue over the length and the conditions of the order. Burton Copeland can assist you in that process and make a material difference in your case.

Domestic Violence Prevention Orders in Manchester

If you are facing the prospect of a DVPN/DVPO, then do not hesitate to contact Burton Copeland Solicitors on 0161 827 9500 for our expert legal representation.

Applications for Domestic Violence Prevention Orders are ordinarily listed in the domestic violence court in Court 4 at Manchester & Salford Magistrates Court. They are usually called on very early in the day, which means it is imperative to be on time otherwise the DVPO could be granted in your absence. It is important to contact us as soon as you receive the DVPN so that we can write to the police in advance for the paperwork and advise the police that we are acting on your behalf.

In Greater Manchester alleged perpetrators are given the chance to attend a voluntary offenders’ programme run by the Greater Manchester Probation Service Trust, to ensure that, where appropriate, perpetrators can get the support they need.

What is the Penalty for Breach of a Domestic Violence Prevention Order?

A breach of a DVPO is a civil breach of a court order under section 63 of the Magistrates Court Act. The penalty for a breach of a civil order is £50 for every day that the person is in default of the order, upto a maximum of £5000 or 2 months’ imprisonment. Although it is a civil order by nature, any breaches appear before the Magistrates’ Court and depending upon your financial eligibility, criminal legal aid may be available.

Appealing a DVPO/N?

Due to the way in which the notices are given by the police there isn’t a mechanism to appeal the issuance of a DVPN. However if you are legally represented at the police interview the solicitor can make representations on your behalf before the DVPN is issued.

Once a DVPN is issued the next real opportunity is to challenge the application for a full Domestic Violence Prevention Order at Court. There is no right of appeal for the perpetrator. If they were to legally challenge a DVPO, this would have to be done via Judicial Review as once again there isn’t the mechanism to appeal them due to their short term nature. Once the DVPO period finishes the order expires.

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