GMP Pilot Scheme to Issue Domestic Abuse Protection Orders Moves to Wigan

DVPOs are civil orders made by the Magistrates Court, they do not require a conviction and are made very quickly following an allegation of domestic abuse. Their purpose is to protect victims of domestic abuse, and to place prohibition and/or obligations on the accused in order to safeguard the complainant.

Because a conviction is not required there does not need to be any proceedings in the criminal court to prove guilt. To establish whether an order is necessary the court will assess the case and the evidence presented by the police to the civil standard of proof; whether on the balance of probabilities there has been a incident of a domestic abuse and such an order is necessary to protect a member of the public, a much lower standard to that reqiured in the criminal court.

The order is applied for by the police, and whilst the administrative process of the application for the order is taking place, the accused is made subject to temporary restrictions via a Domestic Abuse Protection Notice. The full order is usually made within 48 hours by the Magistrates Court.

The accused can face much hardship from being subject to such an order which can include removal from the family home, restrictions on contact with children of the family, the complainant, and can be prohibited from entering a certain place or location. Positive obligations can also be placed on the accused such as; attendance at a behaviour change programme, an alcohol or substance misuse programme or a mental health assessment. Because of the impact on relationships, careers and a persons reputation being made subject to such an order can have, it is important for anyone who is at risk of being made subject to such prohibitions and/ or obligations to seek legal advice.

For the thousands of people who are subjected to domestic violence, there are thousands falsely accused. At Eventum Legal we work with those who are accused and are navigating the criminal justice system in respect of domestic abuse allegations.

Jessica says that there will be much encouragement for police officers to be applying for Domestic Abuse Protection Orders, this is a new scheme with only a few police forces rolling it out. They will be wanting to make a point, and demonstrate the powers that are in place for perpatrators of domestic abuse. It is really important for anyone accused of such an offence to seek legal advice immediately.