Appendix B: DVPN / DVPO process
Updated 8 November 2022
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Stage 1 – Domestic Violence Incident Occurs
Perpetrator (P) 18 years or over
(P) violent towards or has threatened violence towards an associated person on this occasion.
Stage 2
Other agency Involvement in the Incident
Other agency becomes aware that a potential domestic violence incident has taken place. Information shared with the police.
Police Involvement in the Incident
Police attend incident arrest P. DASH Risk assessment completed with V. Early consideration of suitability for a DVPN. Gather evidence.
ALWAYS give consideration to identification of and prosecution for substantive criminal offences.
Consultation and authority for a DVPN sought from Superintendent at early stage.
AO must justify that a DVPN is proportionate and necessary to protect the person or associated person from violence or threat of violence from P, giving consideration to Human Rights of both V and P.
P cannot be held in custody for purpose of serving a DVPN.
If there is Prosecution for substantive criminal offence(s), RIC, strict bail conditions, Other agency involvement: DVPN not required.
Otherwise: NFA, Cautioned, bailed without conditions or on a case by case basis if with conditions. Proceed to Stage 3.
Stage 3 – DVPN Issued
Authorised by the Supt, given to P in writing by a constable personally.
Considerations – welfare of anyone U18, opinions of all involved, representations from P, consent of IP NOT required.
Conditions – non-molestation. Particular acts of molestation may include coming near or entering the victims premises, even in cases where P and V are not co-habiting.
Notifications – in writing and served personally, grounds on which issued, P’s responsibility for complying with conditions, power of arrest for a breach, application for DVPO will be heard within 48 hours.
Notice of Hearing - On service of DVPN PC must ask for an address for (P) to serve Notice of the Hearing of an application for DVPO. This Notice of Hearing under Section 27 (5) will be treated as a summons. This must be given to P in all cases and is separate to the DVPN.
Officer notifies relevant Departments and Agencies that a DVPN has been issued.
Timescale – maximum 48 hours
An application for a DVPO will be heard within 48 hours of the time of service of the DVPN
Breach of DVPN-Urgent action required
(Always give consideration to identification and prosecution for substantive criminal offences)
Notify V of Breach
Notify relevant Depts and Agencies of Breach
- Officer may arrest
- Remanded in Custody
- Court 24hrs or if earlier hearing of the application
- Collation of evidence / preparation of court papers
Stage 4 application for DVPO
Application must be made by complaint by a Constable (constable being a police constable, solicitor employed by the police, by a barrister/legal advisor instructed by police or by ‘another person authorised to make the complaint’) to the magistrate’s court and not later than 48 hours after the DVPN was served (excluding Sundays and Public Bank Holidays).
Notice of the hearing of the application must be given to P and is deemed given if left at the address provided by P.
If P gave no address then court must be satisfied that PC has made reasonable efforts to serve the notice.
DVPO refused
Contact associated person to inform them of the decision. Update DASH Risk assessment – ensure safety measures are adequate.
Inform relevant Departments and Agencies Engagement with other agencies; possible referral into MARAC.
Remove DVPN Marker from PNC.
Stage 5 - DVPO Granted
2 Conditions: on balance of probabilities, P violent towards or has threatened violence towards IP and DVPO necessary to protect the person from violence or threat of violence from P.
After considering – welfare of anyone U18, opinions of all involved, representations from P, consent of IP NOT required.
Conditions – non-molestation , exclusion from the premises if co-habit.
Notifications – PC may arrest if reasonable grounds to believe P breaching.
MUST state duration in force - 14 – 28 days.
No power for court to vary or revoke the DVPO once made.
Inform V of prohibitions and duration of DVPO. Action to be taken if Order breached. Review Risk Assessment to V and to other Associated Persons.
Notify relevant departments and Agencies that a DVPO has been made.
Breach of DVPO
Urgent action required (Always give consideration to identification and prosecution for substantive criminal offences).
Notify V of Breach.
Notify relevant Departments and Agencies of Breach.
Officer may Arrest.
Remand in custody.
Treat as an offence of Contempt of Court.
Collation of evidence / preparation of court papers.
Breach of DVPO is not a criminal or recordable offence.
ALWAYS give consideration to identification of and prosecution for substantive criminal offences
Prosecution for substantive criminal offence(s), RIC, strict bail conditions.
Other agency involvement.
Stage 6 – Multi-Agency Engagement
IDVA will provide independent support and guidance direct to the victim.
May require emergency action prior to MARAC dependant upon timescales.
MARAC agencies to identify and put in place safety measures / activity to support and safeguard the IP and any children.
Stage 7 - Close Enquiry
Citizen focused.
Ensure all applications are recorded and are retrievable on INI/PND.