The Court has a power to order a restraining order on conviction for any offence, or even in the event of an acquittal. Restraining Orders can have devastating effects on families, and especially those with children.
Breach of a restraining order carries a maximum penalty at the crown court of 5 years’ imprisonment. We have substantial experience of robustly challenging these applications before the court, which often fail to satisfy the test set down by Parliament, or may seek to impose unlawful restrictions on someone’s life in breach of their human rights.
Domestic Violence Protection Orders (DVPOs) were introduced across England and Wales in March 2014.
Initially, a Domestic Violence Protection Notice (DVPN) can be served in cases where police believe a perpetrator has used or threatened violence towards a victim and the victim is at risk. This prevents the suspected offender returning to the address for 48-hours. If the suspected offender does not adhere to the Domestic Violence Protection Notice they will be arrested and bought before the Magistrates court, often in custody.
In order for a Domestic Violence Protection Order to be considered, the Police must make an application to the Magistrates Court to hear their case within 48 hours of a Domestic Violence Protection Notice being given to the alleged perpetrator. The Magistrates can make a Domestic Violence Protection Order if certain conditions are met. This will have the effect of banning a suspect from returning to their home or having contact with the victim for up to 28 days.
This is very powerful measure, with potentially unfair consequences, because it can be made without an offence being committed. If you are served with a DVPN, please contact us without delay, so we may oppose any application before the Court, which may unfairly interfere with your life.