Domestic violence protection notices and orders PDF

Preview

Summary

Notes from lectures by Anna Carline and Helen Stalford. As well as notes from the textbook Family Law by Johnathon Herring ....

Description

Domestic violence protection notices and orders  The police have the power to issue a Domestic Violence Prevention Notice (DVPN) and apply for Domestic Violence Prevention Orders (DVO) from the court  These were introduced under ss.24-33 of the Crime and Security Act 2010  Pilot studies were conducted in local areas and they came into force nationally in 2014  They were designed to deal with the problem that an abuser might be arrested by police and charged and then is normally released  They were cases where the abuser then returned to the victim and assaulted them, although in theory a victim could seek an emergency occupation order that would require her to be very familiar with the law and to act quickly  The DVPN an give the victim ‘breathing space’ and ‘temporary respite’ from the abuser   



      

A DVPN is issued by the police and a DVO is sought by the magistrates’ court in application by the police These can only be made if the parties are ‘associated persons’ For a police officer to issue a DVPN: the authorising police officer may have reasonable grounds for believing that violence has been used or threatened and that a DVPN is necessary in order to protect the victim from violence or the threat of violence These requirements are fairly broadly drawn and so a police office should be able to issue a DVPN in any case where there are reasonable concerns that a victim is about to suffer domestic abuse The officer must take reasonable steps to consult with the victim, but can issue a DVPN even if the victim objects The notice will prohibit the individual from molesting the victim and can exclude them from entering the house where the victim lives Significantly the order only lasts 24 hours If further protection is needed the police need to apply to the magistrates’ court for a DVO A breach of a DVPN can lead to the individual being arrested and an application for a DVO can be made It seems that a breach of a DVPN is not itself an offence If an application is made for a DVO, the following sets out the criteria to be considered by the court:

The Crime and Security Act 2010, s.27 1. The court may make a DVPO if two conditions are met 2. The first condition is that the court is satisfied on the balance of probabilities that he has been violent towards, or has threatened violence towards, an associated person 3. The second condition is that the court thinks that making the DVPO is necessary to protect that person from violence or threats of violence by P 4. Before making a DVPO, the court must, in particular consider –

(a) the welfare of any person under the age of 18 whose interest to court considers relevant to the making of the DVPO (whether or not that person is an associated person), (b) Any opinion of which the car is made aware(i) of the person who is protection the DVPO would be, and (ii) in the case of the provision included by virtue of subsection eight, of any other associated person who lives in the premises to which the provision would relate 5. The court may make a DVPO in circumstances where the person for his protection it is made does not consent to the making of the DVPO  

     

The order will prevent the individual from molesting the victim and can prohibit them from entering the place the victim lives The court should state the duration of the order, although no maximum is stated in the legislation The pilot studies indicated a degree of success with these orders During the pilot there was considerable variation in the use of the orders One study suggested that in some areas DVPNs were ordered to last only two days and unsurprisingly they were therefore little used They were seen as not worthy of bureaucracy On the other hand, there may be concerns that the order can interfere in the rights of the alleged abuser, especially as they are not authorised by the court Restricting the maximum duration of the order to two days might do something to mitigate that concern...