Breach of DVPO

A DVPN is issued by police following an incident of alleged domestic abuse. It can require you to leave a property and have no contact with the alleged victim. Within 48 hours, police must apply to the Magistrates’ Court for a DVPO. If granted, a DVPO can impose similar conditions for up to 28 days. 

The Magistrates’ Court must be satisfied, on the balance of probabilities, that you have been violent or have threatened violence towards an associated person, and that making the order is necessary to protect that person from violence or a threat of violence. 

Breach of a DVPO is not a separate criminal offence, but it can result in arrest and being brought before the Magistrates’ Court. The court can impose a fine or up to two months’ imprisonment for breach. 

Yes. You are entitled to attend the Magistrates’ Court hearing and oppose the order. With legal representation, you can challenge the evidence relied on by police and argue that the order is unnecessary or disproportionate. 

A DVPO itself is a civil order and does not amount to a criminal conviction. However, breach proceedings can result in penalties, and related allegations may have wider legal consequences. 

Potentially, yes. Although separate from family court proceedings, findings made in a DVPO hearing may be raised in later child arrangement or protective order applications. 

In limited circumstances, applications can be made to vary or discharge an order. Legal advice is essential to assess whether such an application is appropriate in your case. 

We provide urgent representation at short-notice Magistrates’ Court hearings, challenge weak or one-sided evidence, and advise you strategically to protect your home, liberty and long-term interests.