Domestic Violence Protection Orders…

Welcome to Week 12 of the court visit breakdown!

Here is your backstory:

  • This was in the Magistrates Court

  • The judge was dealing with a Domestic Violence Protection Order

  • The defendant was absent – however, the judgement can continue

So, as I mentioned in last week’s court visit breakdown, the magistrates court tends to run quite quickly, dealing with less serious offences. However, they also deal with applications that need to be made, such as sexual prevention orders, community protection notices etc. In this case it was a Domestic Violence Protection Order (DVPO).

During this case the defendant had been involved in multiple abusive incidents in this relationship, as well as being in breach of his bail conditions. On this basis the police wanted to apply for a 28-day DVPO.

To make this decision the judge relied on the balance of probabilities, looking at how he uses violence against the individual that needs to be protected. In this particular incident, the defendant had been in a verbal argument with his partner, which then turned physical. There were many threats made to stab her. This is the main incident that the judge took into account as it directly triggered the police to make this application. Once hearing the details of the incident, the judge then explained that this act of abuse can be corroborated by the previous abusive incidents he has been involved in, and how he has become known to the police for this behaviour.

The judge looked at whether making this order would be necessary and proportionate. The defendant’s partner was pregnant, and the defendant has been living separately from his partner already, therefore, this order would not make the defendant homeless. On this basis, the judge felt it would be necessary and proportionate.

The judge then gave the 28-day DVPO in order for both parties to reflect on the relationship.

Although, a fairly short case today, I found it quite interesting to watch the administration side of things and how these applications are decided and ordered (often within around 10-15 minutes).

See you next week!