Domestic violence
C127Application for a domestic violence protection order
1
If a DVPN has been issued, a constable must apply for a domestic violence protection order (“a DVPO”).
2
The application must be made by complaint to a magistrates' court.
3
The application must be heard by the magistrates' court not later than 48 hours after the DVPN was served pursuant to section 25(2).
4
In calculating when the period of 48 hours mentioned in subsection (3) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.
5
A notice of the hearing of the application must be given to P.
6
The notice is deemed given if it has been left at the address given by P under section 25(3).
7
But if the notice has not been given because no address was given by P under section 25(3), the court may hear the application for the DVPO if the court is satisfied that the constable applying for the DVPO has made reasonable efforts to give P the notice.
8
The magistrates' court may adjourn the hearing of the application.
9
If the court adjourns the hearing, the DVPN continues in effect until the application has been determined.
10
On the hearing of an application for a DVPO, section 97 of the Magistrates' Courts Act 1980 (summons to witness and warrant for his arrest) does not apply in relation to a person for whose protection the DVPO would be made, except where the person has given oral or written evidence at the hearing.