What are they?
Domestic Violence Protection Notices (DVPN) and Domestic Violence Protection Orders (DVPO) are protection orders that prevent a perpetrator from being violent or abusive to another person.
A DVPN is issued by police officers and can be issued immediately following a domestic abuse incident. It is a temporary measure lasting up to 48 hours or until a DVPO has been issued.
A DVPO will be applied for and issued by a magistrates' court within 48 hours of a DVPN being issued and will last for a minimum of 14 days, a maximum of 28 days.
The difference between these orders and other civil protection orders is that they can be issued quickly without the initial agreement of the courts and so they can provide immediate protection, even during weekends/public holidays/unsociable hours, etc.
When are they used?
These orders are often used if there is insufficient evidence for a criminal conviction or bail conditions which would ordinarily offer the victim protection. They are also used if only a caution is given to the perpetrator or if the victim does not wish to support criminal proceedings, but the police believe they are in danger or they are being coerced. This short period of time can allow the victim to seek safety, help, support, and/or apply for other long-term protection orders.
How do they work?
They work by setting rules and imposing restrictions upon the perpetrator. Breaching the terms of either order is a criminal offense, and they can be arrested, charged, and convicted in a criminal court.
Here are some terms that may be included:
Not to contact the victim directly or indirectly (indirectly to mean passing on a message through someone else) via letter/phone call/text/email/social media
Enforce and instruct the perpetrator to leave the property
Not to attend or enter the victim’s property or any property they believe the victim to be in
Not to enter the town (within a certain distance) of the victim
Not to use or threaten violence against the victim
Not to intimidate, harass, or pester the victim
Not to damage or attempt to damage any property belonging to the victim
It is important to note that the terms of these orders and how they are worded are extremely important; a slight miswording could result in a failure to secure a conviction after a breach of these terms.
The police/courts do not need the permission of the victim to obtain these orders, though the victim’s opinion will be considered, their safety will come first. They cannot be extended, amended, or revoked once in place.