Although a DVPO is not a conviction in law, the making of such an order may very well have LONG TERM EFFECTS upon the person against whom it is made, as follows-
1. It may be cited against the other party within divorce or child contact proceedings.
2. It may be used by the police as a reason for a future arrest against that person.
3. It can also be a reason why you may be refused a tourist visa to another country (e.g. USA or Australia).
4. If a DVPO is made a false allegation may be made against that person in the future leading to their arrest and possible imprisonment.
So, although it may be easy in the short term not to oppose an application for a DVPO, it may be better in the long term to either attend court with legal representation to oppose the application or to instruct a solicitor to do so on your behalf.
Please contact us if you would like us to assist you or represent you at court.
Content and service of a domestic violence protection notice (DVPN)-
A DVPN may be issued against a person prohibiting them from-
1. molesting another person.
‘Molestation’ here includes behaviour which amounts to pestering, harassing, threatening or been violent towards another person.
2. Contacting another person
3. Entering or attempting to enter that other person’s home.
4. Attempting to evict that the person from their home.
The DVPN document will contain a date on which a hearing will take place at the magistrates court for the magistrates to consider making a domestic violence protection order (DVPO).
The hearing must take place within 48 hours of the time of service of the notice.
Breach and enforcement of a domestic violence protection notice (DVPN)-
If a person breaches the terms of a DVPN they can be arrested and must be held in custody and bought before a Magistrates Court.
The court will then deal with the DVPO application.
Conditions for and contents of a domestic violence protection order (DVPO)-
The Magistrates Court may make a DVPO if they are satisfied, on the balance of probability, that two conditions are met-
1. Firstly, that the person has been violent towards or threatened violence towards an associated person.
AND
2. Secondly, that the order is necessary to protect that associated person from violence or a threat of violence by the other person.
The DVPO must contain provisions prohibiting the person against whom it is made from molesting the other person and may also contain provisions preventing contact between the two parties, requiring a person to leave an address at which they both live, prohibit a party from entering an address at which they both live, going within a certain distance from that address or preventing the person against whom the order is made from evicting or attempting to evict the other party from that address.
‘Contact’ here means either direct or indirect contact.
If a DVPO it can last up to between 14 – 28 days.
Breach of a domestic violence protection order (DVPO)-
If a person breaches a DVPO they may be arrested and, if so, must appear in custody before Magistrates court within a period of 24 hours beginning with the time of the arrest.
If the court is satisfied, on the balance of probability, that a person has breached a DVPO they may either be punished by way of a fine or a term of imprisonment up to 2 months.
Please do not hesitate to contact us if you require further advice and assistance in respect of any application made against you for a domestic violence protection notice or domestic violence protection order.
Fact:
People arrested for domestic violence in the UK who do not have a solicitor present during police interviews are at a much higher risk of self-incrimination or agreeing to bail conditions they don’t fully understand. This can seriously impact the outcome of their case—even if they are innocent.
At Phillip Haycock Solicitors, we ensure your rights are protected from the very start and that you receive clear legal advice before saying a single word.
Secure Your Representation Today
At Phillip Haycock Solicitors, we go beyond basic legal representation. We provide ongoing support for clients arrested on domestic violence charges, including help with bail applications, advice on no-contact or restraining orders, and preparation for court. Our team works closely with you to build a strong defence, explain every step of the process, and ensure your rights are protected throughout. We’re here to guide you through this difficult time with experience, discretion, and unwavering support.