COURT ORDERS - ASBO, SHPO, DVPO,

---

Criminal Solicitors need to be aware of this important element in advising clients accused of domestic assault or domestic violence.  Domestic Violence Protection Notices (DVPNs) were introduced from 8th March 2014.

A DVPN is an emergency Non-Molestation & Eviction Notice which can be issued by the police to a suspect, when attending to a domestic assault or domestic abuse incident.

The DVPN will contain a condition prohibiting the accused person from molesting the victim 

Any good criminal solicitor will tell you that a DVPN is a police-issued notice & it is effective from the moment that it is issued.

First, call a good criminal solicitor as there is very little time to act.  The police must make an application to a Magistrate within 48 hours of the DVPN being served for a Domestic Violence Protection Order.  This means that the hearing must be heard within 48 hours of service of the notice. 

The application for  Domestic Violence Protection Order must be made to a court within 48 hours of being served with a  Domestic Violence Protection Notice.  The time limit does not include:

• Sundays, 
• Bank Holidays, 
• Christmas and 
• Good Friday

1. The DVPN will include:

• The grounds upon which the DVPN has been issued,
• A notification that the person issued with the DVPN may be arrested without warrant if the police have reasonable grounds for believing that the person is in breach of the Domestic Violence Protection Notice
• A notification that an application for a domestic violence protection order will be heard by a magistrate within 48 hours of the time of service of the DVPN and a notice of the hearing will be given to the person given the DVPN
• The Notice of that Hearing will essentially act as a summons for the purpose of the hearing and must be given to the person.
• Notification that that the Domestic Violence Protection Notice is effective  until the application for an order has been heard or 48 hours from the time of issue of the notice has expired
• Notice that the Magistrates’ court may include in a domestic violence protection order.

A  Domestic Violence Protection Order or a  Domestic Violence Protection Notice does not require the consent of the alleged victim.  All evidence / information available should be passed to the Superintendent for a DVPN and the Court on the application for a DVPO.  

The police may take the view that it is necessary and proportionate to serve a Domestic Violence Protection Notice, even though the alleged victim does not wish it as there  may be suspicion of the presence of coercive and controlling behaviour.  Officers should consider whether the issue of a DVPN is not only necessary but also proportionate to protect the victim.

1. The Domestic Violence Protection Notice  must be in writing
2. The Domestic Violence Protection Notice must be served on the person who is subject to the DVPN must be served with the notice personally.  This means it cannot be verbal and cannot be posted or left for the person.
3. When serving the notice, the police must ask the person for an address where details of the order can be sent.
4. The officer authorising the issue of a  Domestic Violence Protection Notice must be a member of the police force not below the rank of Superintendent
5. There is no requirement for the person issued with a Domestic Violence Protection Notice to be in custody for a DVPN to be served.
6. There is no power to detain a person in custody purely for the consideration and service of a DVPN.

Where the police have reasonable grounds for believing that the person issued with a DVPN  in breach of the conditions of the DVPN, they have the power to arrest without warrant.

Criminal solicitors should be aware that there is no power of entry to arrest a person suspected of  breaching of a Domestic Violence Protection Notice.

Following arrest, the person issued with a DVPN must be held in Police custody to be brought before the magistrates court in order to hear the application for the DVPO.

Following arrest for breaching a DVPN, the person must be brought before the magistrates’ court specified within the Notice of the Hearing, within 24 hours of arrest or for the application of the DVPO.

Criminal Solicitors must be aware that the alleged breach of a DVPN is not a criminal or recordable offence and as such there is no power to take a persons fingerprints, photograph or DNA.

From a practical perspective, although a breach of a DVPN itself is not a criminal offence, it will be a relevant factor for the Magistrates’ Court in determining whether to issue a  DVPO.

A Domestic Violence Protection Order (DVPO) is an order made by a Magistrates’ Court after a Domestic Violence Protection Notice has been issued.  The protective conditions available to a Magistrates’ will be the same as those issued under Domestic Violence Protection Notice. A DVPO may be in force for between 14-28 days, beginning on the date it is made by the magistrates’ court

Following the service of DVPN, the police will apply to the court for a  Domestic Violence Protection Order.  The police will make the application to the court by providing the  reasons and foundation for the application.  You are entitled to make representations as to why the order should not be made.  We recommend you arrange professional representation to do this.

Once commenced, the Magistrates  may adjourn the hearing of the application to another date. If they do this, then the DVPN and prohibitions continue to be in effect until the full application has been heard.

 A Domestic Violence Protection Order may be in force for between 14-28 days, beginning on the date it is made by the magistrates’ court .

If the police have reasonable grounds for believing that a Person is in breach of the DVPO, the police have a power to arrest without a warrant.

There is no power of entry to arrest a Person suspected of breaching of a DVPO.

A breach of a DVPO is a civil breach of a court order. The penalty for a breach of a civil order is £50 for every day that the person is in default of the order, up to a maximum of £5000 or 2 months’ imprisonment.

Any person arrested for a breach of a DVPO must be held in police custody and presented to a court within 24 hours of the time of the arrest.

The police are not required to do anything to terminate a DVPO.  At the end of the DVPO period it will simply lapse. 

Criminal solicitors will know that Sections 24-33 of The Crime and Security Act (CSA 2010) deal with Domestic Violence Protection Notices and Orders (DVPNs and DVPOs).