Solicitors in Milton Keynes - Family Law, Motoring Law, Domestic Violence

24/7 out of office hours domestic violence advice line: 0845 450 1281 (local rates apply)

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Power to the Police to Stop Domestic Violence

Fortunately we now live in a world where the police no longer routinely ‘no crime’ domestic violence incidents or dismiss them as NFA (‘no further action required’). All UK police forces have the power to put in place immediate protection for complainants in the aftermath of domestic violence incidents. Domestic Violence Protection Notices and Domestic Violence Protection Orders are aimed at perpetrators (aged18 or over) who present an on-going risk of violence to the victim. Notices lasting for up to 48 hours can be made by any police officer with the rank of Superintendent and Orders can be made by Magistrates for up to 28 days. The test in both cases is ‘necessary to protect’ which means that the powers cannot be exercised as a matter of expedience or if sufficient evidence of an on-going risk of domestic violence has not already been obtained. Unless there is a breach, the CPS is not involved at any stage, as here the police are acting under their duties to prevent crime and protect persons from injury or harm.

 

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