In case this helps (from TV Edwards):
Domestic Violence Protection Implementation nationwide of Domestic Violence protection notices and orders under the Crime and Security Act 2010 ss 24-31 on 8 th March 2014 DVPN is the initial notice issued by the police to provide emergency protection to an individual believed to be the victim of domestic violence. This notice, which must be authorised by a police superintendent, contains prohibitions that effectively bar the suspected perpetrator from returning to the victim’s home or otherwise contacting the victim. A DVPN may be issued to a person aged 18 years and over if the police superintendent has reasonable grounds for believing that: • the individual has been violent towards, or • has threatened violence towards an associated person, and • the DVPN is necessary to protect that person from violence or a threat of violence by the intended recipient of the DVPN The associated person mentioned above does not have to consent to the issuing of a DVPN or DVPO. Following an alleged breach of the DVPN, the police may arrest the individual without warrant and hold that person in custody pending the magistrates’ court hearing of the DVPO application; this hearing must take place within 24 hours of the arrest for the alleged DVPN breach. 11 Within 48 hours of the DVPN being issued (excluding weekends and bank holidays), the police must submit an application to the magistrates’ court for the DVPO. The Magistrates can make a DVPO if two conditions are met: • The court is satisfied on the balance of probabilities that the recipient has been violent towards, or has threatened violence towards, an associated person • The court thinks that making the DVPO is necessary to protect that person from violence or a threat of violence by the recipient A DVPO may be in force for no fewer than 14 days beginning on the day on which it was made and no more than 28 days. Criminal legal aid is available police station advice and assistance will apply and the solicitor can apply for a representation order for the DVPO hearing at the magistrates’ court subject to the usual ‘Interests of Justice’ test and means test. The client may receive free standing advice and assistance away from the police station. This is subject to a means and eligibility test The magistrates’ court duty solicitor scheme is available DVPOs have been added to the list of ‘prescribed proceedings’ for which the court duty solicitor can advise. In the event of either a breach of the DVPN or DVPO, police station advice and assistance and the magistrates’ court duty solicitor scheme will apply in the usual way.
Abigail Pavitt
Solicitor
QualitySolicitors Hartnells
Tel: 020 7703 9222
Email: Abigail.Pavitt@hartnells.com
CJSM Email: Abigail.Pavitt@hartnells.com.cjsm.net (this email will only receive email from other CJSM accounts)
Branch Address: Quality Solicitor Hartnells, 2 Camberwell Church Street, London, SE5 8QU
DX: DX35304 CAMBERWELL GREEN
Follow us and keep up to date with our news and events
Email fraud warning
If you receive an email with details of our bank account so that you can pay us money, always telephone us to confirm the bank details using a telephone number you already know, not any number quoted in the email.
This is because the email may be from a fraudster, not from us, and the bank account details may be false. Criminals have been known to intercept genuine emails from solicitors and forward them on with the bank details changed, so however authentic the email
looks you must not rely on it. In the same way, if you send us bank details by email we will normally phone you to check before we send money to you.
Amphlett Lissimore Bagshaws LLP - a limited liability partnership no. OC356781 registered in England and Wales. Registered office: Greystoke House, 80-86 Westow Street, London SE19 3AF. Authorised and regulated by the Solicitors Regulation Authority
From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
On Behalf Of Keima Payton
Sent: 15 March 2019 10:11
To: ListA@lists.clsa.co.uk; members Lccsa <members@mail.lccsa.org.uk>
Subject: Re: Domestic Vuolence Protectuon Order - do we do these as duty sols at Court?
It is an application for a DVPO not a breach of one.
I am now a tad confused... if it is my choice, with my list it is a No!
Sent from my Samsung Galaxy smartphone.
-------- Original message --------
From: Caroline Jackson <carolinej@efbw.co.uk>
Date: 15/03/2019 09:59 (GMT+00:00)
To: Keima Payton <keima@paytonslaw.co.uk>
Subject: RE: Domestic Vuolence Protectuon Order - do we do these as duty sols at Court?
Is it breach of the DVPO? If so can get up to 28 days custody so yes to deal with it.
If it is for application to obtain the order, then up to you, you don’t have to, but I probably would if not busy.
Caroline Jackson
Solicitor
EDWARD FAIL BRADSHAW & WATERSON
Bank Chambers
662-664 Commercial Road London E14 7HA
DX: 300701 Tower Hamlets
Tel: +44 (0) 207 790 4032
Fax: +44 (0) 207 790 2739
Secure Email: carolinej@efbw.co.uk.cjsm.net
Website: www.efbw.co.uk
We have amended our Privacy Notice to comply with the new Data Protection Act 2018 (and the General Data Protection Regulation). If you want to see how we process your personal data then please review the new Privacy Notice on our website at www.efbw.co.uk/policy
From:
members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk]
On Behalf Of Keima Payton
Sent: 15 March 2019 09:54
To: ListA@lists.clsa.co.uk; members Lccsa
Subject: Domestic Vuolence Protectuon Order - do we do these as duty sols at Court?
I am sure this has come up before but I cant think of the answer...
Are these really done by duty?
Sent from my Samsung Galaxy smartphone.
To unsubscribe from the LCCSA Members eGroup click
here.
To take a break from receiving emails from the LCCSA Members eGroup click
here.
To resume receiving emails from the LCCSA Members eGroup click
here. THIS EMAIL IS FROM AN EXTERNAL SOURCE
To unsubscribe from the LCCSA Members eGroup click
here.
To take a break from receiving emails from the LCCSA Members eGroup click
here.
To resume receiving emails from the LCCSA Members eGroup click
here.