Domestic Violence Protection Orders (DVPO)

A Domestic Violence Protection Order (DVPO) is a fast-acting civil order that can have a profound and immediate impact on your life. Issued by the police and authorised by a court, a DVPO can force you to leave your home and prevent you from contacting a partner, often with very little notice. Although it is not a criminal conviction, the process can be deeply distressing, and a breach of the order is a criminal offence. Challenging a DVPO requires urgent, specialist legal advice from a team that understands the specific procedures and how to defend your rights effectively.

At Central Chambers Law, our senior legal consultants have extensive experience in this specialist area of law. We understand that these situations are often complex and that allegations can arise from heated disputes where the full context has not been considered. Our role is to provide a swift, strategic response to challenge the necessity and terms of a DVPO. We are not general criminal lawyers; we are specialists who deal with these specific orders regularly, giving us the deep knowledge required to protect your interests.

Understanding the Offence: What is a DVPO?

A Domestic Violence Protection Order is a civil order granted under the Crime and Security Act 2010. Its purpose is to provide immediate, short-term protection to a person believed to be at risk of domestic violence.

The process has two stages:

1. Domestic Violence Protection Notice (DVPN): An initial notice issued by the police, typically at the scene of an incident. This notice has immediate effect and can prohibit you from returning to your home for up to 48 hours.
2. Domestic Violence Protection Order (DVPO): The police must apply to a Magistrates' Court within 48 hours for the DVPN to be converted into a DVPO. If granted, the DVPO can last for between 14 and 28 days.

A DVPO can impose strict conditions, including:

• Requiring you to leave your shared home, even if you own it or are the sole name on the tenancy.
• Prohibiting you from entering certain areas.
• Preventing you from contacting the alleged victim in any way.

The Legal Test and How a DVPO is Made

For a court to grant a DVPO, it must be satisfied of three things:

1. On the balance of probabilities, you have been violent towards, or have threatened violence towards, an "associated person."
2. The court thinks that the DVPO is necessary to protect that person from violence or a threat of violence by you.

Crucially, this is a civil standard of proof ("balance of probabilities"), which is lower than the criminal standard ("beyond reasonable doubt"). No criminal charge needs to be brought against you, and you do not need to be convicted of an offence for a DVPO to be made. The police will present their case, often based on their own observations and the initial account of the alleged victim.

Why Central Chambers Law Provides the Definitive Defence

When faced with a DVPO application, you have a very short window to prepare a defence. The hearing happens quickly, and you need a legal team that can act immediately and effectively.

Clients trust Central Chambers Law because we are experts in challenging these orders. Our reputation is built on our ability to scrutinise the police case and present a compelling counter-argument. Our strategic approach involves:

• Challenging the Evidence: We rigorously analyse the police evidence. Is the allegation of violence or threat credible? Is there another side to the story that the police have ignored? We expose inconsistencies and weaknesses in the prosecution's case.
• Questioning 'Necessity': This is a key battleground. We build a strong argument that the order is not truly "necessary" for protection. Are there other, less intrusive ways to manage the situation? Is the order a disproportionate response to the incident?
• Presenting Your Case Effectively: We ensure the court hears your side of the story. These incidents are often complex, and we make sure the full context is understood by the magistrates, challenging the one-sided narrative presented by the police.
• Immediate Representation: We understand the urgency. We can provide immediate advice and representation at the court hearing, which often takes place just a day or two after the initial police notice.

Our focused expertise means we are equipped to provide the most robust defence possible under tight deadlines, protecting you from an unnecessary and disruptive order.

Consequences of Breaching a DVPO

While the DVPO itself is a civil order, breaching its conditions is a criminal offence. If you are found to have broken the terms of the order—for example, by returning home or contacting the person named in the order—you can be arrested.

• A breach of a DVPO can result in a fine or up to two months' imprisonment.

This makes it absolutely critical to challenge the order at the outset. An unfair or poorly worded order can be easy to breach accidentally, leading to serious criminal consequences.

Protect Your Rights with an Expert Defence

A Domestic Violence Protection Order can turn your life upside down, forcing you from your home and putting you at risk of a criminal record. These orders are applied for quickly, and you must act just as fast to defend your position.

Do not face this challenge alone. Contact our expert defence solicitors immediately for a confidential consultation and take the first critical step in protecting your rights.

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