Recently, the police
have been given further powers to prevent people arrested for domestic violence
offences (but not charged and released) from contacting the victim or attend
the victim’s address for a period of between 14 to 28 days.
A Domestic Violence
Protection Notice (DVPN) can be issued by the police to provide emergency
protection to a victim of domestic violence. The notice can bar the perpetrator
from returning to the victim’s home (even if it is their own home). A notice
can be served on anyone aged 18 or over who the police reasonably believe has
been violent or has threatened violent against another person.
The perpetrator does
not need to consent to the notice, nor is it necessary for the victim to give a
statement.
Within 48 hours of a
DVPN being issued, the police must submit an application to the Magistrates’
court for a Domestic Violence Protection Order (DVPO). A DVPO may be imposed
with whatever conditions the Court feel necessary to protect the victim. It
serves as a ‘cooling off’ period during which everyone involved can consider
their options and get the support they need.
Breach of an order
can result in a maximum sentence of either £5,000 or 2 months imprisonment.
Recovery from
domestic violence can be a daunting prospect. These powers can give a breathing
space for the victim to take legal advice and for both parties to consider the
future.
Our expert family
solicitors based in Tunbridge Wells are experienced in advising clients about
domestic violence issues. Rebecca Hawley can be contacted on +44 1892 506037 or on rebecca.hawley@cripps.co.uk.