Domestic Violence Protection Notice: Fact Sheet
Domestic Violence Protection Notice (DVPN): Fact Sheet
What is a DVPN?
Domestic Violence Protection Notices (DVPN) are issued by the police and seen as an emergency measure taken when an offence of domestic violence
is alleged. The aim of the DVPN is to prevent the accused from attending the address of the complainant or from contacting them in anyway.
A DVPN may be issued if a police officer of rank no lower than a superintendent has reasonable grounds for believing that:
- The individual has used/ threatened violence towards the alleged complainant; and,
- DVPN is necessary to protect the complainant from further violence/ threats of violence
It is important that when a DVPN is made, that the terms do not conflict with the accused’s bail conditions.
A DVPN can last for a maximum of 28 days.
When is a DVPN made?
DVPNs are made in the immediate aftermath of a domestic violence incident where there is insufficient evidence to charge the accused and provide protection through any other means.
If CPS advice is to charge for a domestic related offence, then a DVPN may not be necessary or proportionate. Also where there is a remand in custody or when strict bail conditions
are in place there also may be no need for a DVPN.
In order for a DVPN to be available:
• The suspect must be over 18.
• There must be reasonable grounds for believing that the accused has been violent or has threatened violence towards an associated person, and;
• That the DVPN is necessary to protect the associated person from violence or threat of violence by the accused.
What is an associated person?
In law an associated person is a person who is associated with the suspect within the meaning of
s.62 of Family Law Act 1996.
What are the likely terms of a DVPN?
The terms which can be included in the DVPN are set out within section 24 of the Crime and Security Act 2010, examples include:
- Not to molest the complainant, this can be a general term or may set out specific acts of molestation.
- The accused is not to evict or exclude from the premises the complainant.
- The accused is not to enter the premises.
- They must not require the complainant to leave the premises.
- Not to go within a specified distance of the property in question.
Is it an offence to breach a DVPN?
Breach of a DVPN provides the police with a power of arrest. If a breach is alleged or has occurred the police may arrest and remand the suspect in readiness for presenting them to the
Magistrates Court.
What will happen to me if the police impose a DVPN?
The DVPN will be in place for a maximum of 28 days, however if the police intend to request for the notice to made into a court order (DVPO) this application will made to the court within 48 hours. A DVPN and DVPO do not require a criminal conviction, and they can often be put in place where there is not enough evidence to achieve a conviction, or the suspects case is being investigated and protection is required in the meantime.
What is a Domestic Violence Protection Order (DVPO)?
A Domestic Violence Protection Order (DVPO) is made by the Magistrates Court upon a successful application made by the police. A magistrates’ court may make a DVPO if they are satisfied on the balance of probabilities that the accused has been violent towards, or has threatened violence towards the complainant; and that the making of the DVPO is necessary to protect that person from violence or a threat of violence by the accused.
The complainant does not have to agree with the order or support it, the police and the court can commence the proceedings and make the order without this.
What is the time limit for applying for a DVPO after a DVPN?
It is a two-stage process involving both the police and the magistrates’ court. Once the police have served a DVPN on the suspect, an application must be made to the magistrates’ court for the DVPO within 48 hours of the DVPN being served. Where criminal proceedings are being considered, the tight timescales generally mean that starting the DVPN/DVPO process cannot wait until after a decision has been made in the criminal case. Therefore, no criminal conviction or charge is required for a DVPO application to be made.
What happens if I breach a DVPO?
Breach of a DVPO is an offence which is punishable with a fine or prison sentence dependent on the circumstances of the offending.
A breach of a DVPO is a civil breach of a court order under
section 63 of the Magistrates Court Act. 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. Although it is a civil order by nature, any breaches appear before the Magistrates’ Court and depending upon your financial eligibility, criminal legal aid may be available.
Can I challenge a DVPN or DVPO?
Due to the way in which the notices are given by the police there isn’t a mechanism to appeal the issuance of a DVPN. However, if you are legally represented at the
police interview your solicitor can make representations on your behalf before the DVPN is issued.
However, if the police proceed to apply to the magistrate’s court for a DVPO then the rules of evidence apply and we will work with our client, where required, to oppose the order being made.
The hearing for challenging a DVPO is similar to a trial, it is possible evidence will be heard by the parties and your legal representative will ask questions of witnesses.
If you are facing court proceedings in relation to a DVPO we urge you to seek specialist legal advice so that your can be properly represented and the evidence dealt with by your legal team to benefit you.
How Eventum Legal Can Help with a DVPN/DVPO
The police will aim to serve a suspect with a DVPN quickly to ensure protective measures are put in place. Our lawyers can make representations to the police to prevent this, and can also consider any proposed DVPN alongside bail conditions to ensure both measures do not conflict with each other, or they are are not duplicated.
If a DVPO application is made by the police our lawyers will obtain and consider their application and any supporting evidence. We will work to challenge the DVPO by scrutinising evidence provided by police, strengthening and presenting our client's supporting evidence, and submitting argument as to why the making of an order is not necessary.
If you would like to discuss your DVPN or DVPO
contact our lawyers free of charge
today. Our friendly team take a non judgemental approach and we will spend time going through your case with you so that we can advise you in detail on the approach we will take to achieve the best possible outcome for you.
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Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. 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What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
