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Domestic Violence Protection Orders (DVPOs) are a type of temporary restraining order. They can be imposed upon people arrested for offences of domestic violence, but not charged with any offence.
The idea behind them is to allow a ‘cooling off’ period between the parties involved. This is to prevent any further issues between them, but a DVPN can arise despite any allegation not being proven.
After arrest, and upon a decision being made that an allegation is not to be pursued by the police, a person can be given a Domestic Violence Protection Notice (DVPN). This will contain certain conditions that they must abide by, before the matter is heard at Court. Breaching such conditions can lead to you being arrested and spending the night in the police cells. You would then be brought before the Court the following morning.
At Court, the Police will then make an application to the Court that the person should be made subject to certain conditions for a period of up to 28 days. This will usually prohibit them from contacting the other party, or from attending at their home address. There may well be other conditions that the Police feel are appropriate in the case. This can sometimes mean someone is excluded from their own home for a period of time, if they share that home with the other party.
If the Court grants such an Order, it becomes a criminal offence for that person to then breach any of the conditions that are within the Order for the duration of the Order.
DVPO applications are made in Court very quickly. Once someone is served with a Notice, the hearing will be within 48 hours, not including weekends or Bank Holidays. Therefore if you have been served with a DVPN, it is important to act now. Representation at these Court hearings is very important.
Legal aid may be available, subject to your financial means.
If you have been served with a DVPN then please contact us as we will be able to assist you. Call us today on 01270 625478 to speak to our expert team. Alternatively you can visit our Criminal and Regulatory Defence services page here or complete this form for a call back.
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