Domestic violence has countless psychological, social, and physical impacts. It includes abusing or threats of abuse by any person whom you live with, be it a blood relative, spouse or partner.
The term abuse means intentionally hurting someone, either physically, verbally, sexually, mentally or emotionally. Threats of doing so, also count as abuse, along with harassing and stalking the person concerned. Keeping the safety of the public in mind, the courts and police have adopted the Domestic Violence Protection Order (DVPO) to protect citizens from such unlawful acts.
What It Entitles?
The purpose of this order is to provide people in violent relationships, with legal protection. Anyone who is facing domestic violence can apply for this order to put an end to it. The application can be placed urgently or non-urgently, depending upon how bad the situation is for the victim. The police can also issue charges against the violent person. It is advisable to seek the services of an experienced criminal lawyer if you require further legal information.
Once the order has been issued, the person it is against must behave in a civilized manner with the complaint maker. Such people are also prohibited from owning or getting a license to any weapon.
What’s The Procedure?
The police will provide all the people concerned with the case, with a particular time and date and the hearing will be held in court within 48 hours, except for Bank Holidays and Sundays. The absence of the violent person within the court will automatically result in the successful filing of a DVPO. However, if the DVPO is put into effect against a people who is under the age of 18, their being a minor and their wellbeing will be considered by the judge accordingly.
Details Regarding the Court Proceedings
The person filing the case will be granted with the chance to support their argument with relevant proofs and facts and can ask their legal representative about things, which will support their case. However, as mentioned above, the final decision of issuing a DVPO will be in the hands of the court. The order processing time period is generally from 14 to 28 days.
What happens once a DVPO has been successfully filed?
The person, against whom the order is issued, will be arrested and will be kept under supervision. They will be brought to court within the time span of 24 hours where the punishment will be decided, which could either be a fine of around £5000 or a prison sentence for maximum 2 months. The culprit must also refrain from contacting the person who filed the case.
Laws in Case of Violation of the Order
If the guilty party violates the conditions of the order, legal authorities, such as the police, should be informed. They will then make investigations and look for proof of the violation. In a situation where the proof of breach is available, the responsible individual is called to account for the act, as it is considered as a criminal offence.
Having a proof of violation, such as any telephone recordings, which consist of abusive language or any witness of that violation, will facilitate the police in rapidly processing the punishment. Reporting violence and abuse can promote a better and peaceful society and opting for legal help will make your case stronger if you want to file for a successful DVPO.