DVPN, DAPN, DAPO, DVPO Chart PDF

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Summary

Charts with differences laid out....

Description

Who can apply?

DVPN A police officer not less than

DAPN A police officer not less than

On what basis?

superintendent: s.24(1) CSA 2010 Violence or threat of violence by P

inspector (cl.18(1) and (8) DA Bill) P has been abusive to V (aged 16

to AP (V) and issue of DVPN

or over) to whom P is personally

necessary to protect V (s.24(2)

connected (cl. 18(3) DA Bill).

CSA 2010). P must be 18 or over.

Necessary to protect V from abuse

Considerations to be taken into

or risk of abuse (cl. 18(4) DA Bill).

account by police set out in s.24(3)

Definition of abusive behaviour in

CSA 2010. Note V need not give

cl. 1(2) DA Bill. Definition of

consent to issue of DVPN (s.24(5)

personally connected cl.2. No

CSA 2010).

equivalent to s.62(3)(b), (c)and (g). No requirement of “significant duration” to intimate relationships but narrower for children as must have “parental relationship”. P must be 18 or over (cl. 18(6) DA Bill). Identical considerations to be

What provisions

Prohibition from molestation

taken into account. P may not contact V (cl. 19 (1) DA

can be included in

(s.24(6) CSA 2010) and if P and V

Bill). Identical provisions relating

DVPN/DAPN?

live together, provisions preventing

to occupation of premises (cl.

P from evicting or excluding V,

19(2) DA Bill).

prohibiting P from entering, requiring P to leave and prohibit from coming within specified Duration

distance (s.24(8) CSA 2010) 48 hours from service on P (s.25(1)

48 hours from serving notice on P

Enforcement

(c) CSA 2010) Police can arrest (s.25(1)(b) CSA

(s.21(2(c) DA Bill) Identical provisions (c. 22 DA Bill).

2010) and P held in custody and brought before court which will hear application for DVPO (s.26 CSA 2010)

Who can apply?

DVPO A police officer: s.27(1) CSA

DAPO V, Chief of Police, person specified

2010

in regulations, any other person with

leave of court (cl. 25(2) DA Bill). Where P is given DAPN, then Chief of Police must apply. Court can make order in various proceedings without an application, see cl. 27 DA Violence or threat of violence

Bill. P has been abusive to V (aged 16

by P to AP (V) and issue of

or over) to whom P is personally

DVPO necessary to protect V

connected (cl. 18(3) and s.2 DA

(s.28(2) & (3) CSA 2010).

Bill). Necessary and proportionate

Considerations to be taken

to make order to protect V from

into account in s.28(4) CSA

abuse or risk of abuse (cl. 28(2) DA

2010. Consent of V not

Bill). Identical considerations in cl.

What provisions can be

required (s.28(5) CSA 2010. Prohibition from molestation

29. P may not contact V (cl. 31(4) DA

included in

(s.28(6) CSA 2010 and if P

Bill). Identical provisions relating to

DVPO/DAPO?

and V live together,

occupation of premises (cl. 31(5)

provisions preventing P from

DA Bill).

evicting or excluding V,

Order may require P to submit to

prohibiting P from entering,

electronic monitoring of P’s

requiring P to leave and

compliance with other requirements

prohibit from coming within

(cl. 28 (6) DA Bill).

On what basis?

specified distance (s.28(8) Duration

CSA 2010) No fewer than 14 days and

Specified period, until occurrence of

no more than 28 days

specified event or until further order

(s.28(10) CSA 2010)

(cl. 34 (3) DA Bill) but electronic monitoring cannot extend beyond

Enforcement

Police can arrest (s.28(9)

12 months (cl. 31(5) DA Bill) Breach of DAPO is a criminal

CSA 2010) and P held in

offence (cl.35(1) DA Bill) and police

custody and brought before

can arrest without warrant. But V

court (s.29 CSA 2010)

could apply for breach to dealt with as a civil matter under clause 36 – court issues warrant for arrest and P dealt with under contempt of court powers....