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Domestic Abuse And 24 Hr Ban
2 Answers
I'm hearing about that police have been given the power to ban any they feel may be guilty of domestic abuse in the home for 48 hrs .
I'm struggling to work out how a officer who turns up at the home can make that judgment .
I've all ways felt that police and the law are very anti male when there's as fight with the opposite sex .
A friend of mine nearly killed him self because the police turned up at his house on a regular Basis because of shouting and screaming and every time he was arrested turned out it was his wife causing the problems .
I'm struggling to work out how a officer who turns up at the home can make that judgment .
I've all ways felt that police and the law are very anti male when there's as fight with the opposite sex .
A friend of mine nearly killed him self because the police turned up at his house on a regular Basis because of shouting and screaming and every time he was arrested turned out it was his wife causing the problems .
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.Domestic Violence Protection Orders (DVPOs) have recently been rolled out nationwide following a pilot trial. They enable the police to put in place protection for the victim in the immediate aftermath of a domestic violence incident. Under DVPOs, the perpetrator can be prevented from returning to a residence and from having contact with the victim for up to 28 days, allowing the victim a level of breathing space to consider their options.
Having said that it is a bit more involved than simply "...an officer who turns up at the home" making the judgement. The DPVO can only be initiated by a police officer of the rank of superintendent or above. He or she must be satisfied that a person:
- has been violent towards or has threatened violence towards an associated person
- and that a DVPO is necessary to protect that person from violence or threat of violence.
Then, within 48 hours (not counting weekends or Bank Holidays) the police must make an application to the Magistrates Court to have the order ratified. The court must be satisfied on the balance of probabilities that:
- the recipient has been violent towards, or has threatened violence towards, an associated person
- the court thinks that making the DVPO is necessary to protect that person from violence or a threat of violence by the recipient
If ratified the DPVO can be in force for no fewer that 14 and no more than 28 days.
So it's not just a case of plod turning out and chucking out the alleged aggressor. More of a useful tool to tackle a serious problem. Domestic Violence is a huge problem for police and prosecutors. It is sometimes very difficult to prosecute as the alleged victim often refuses to give evidence in court. The police then become damned if they do and damned if they don't because statistics show that perpetrators of DV usually get more violent as their behaviour goes unchecked. The average number of assaults suffered by a DV victim before the issue comes to the attention of the police is about 25.
And just for information about forty percent of domestic violence victims are men.
Having said that it is a bit more involved than simply "...an officer who turns up at the home" making the judgement. The DPVO can only be initiated by a police officer of the rank of superintendent or above. He or she must be satisfied that a person:
- has been violent towards or has threatened violence towards an associated person
- and that a DVPO is necessary to protect that person from violence or threat of violence.
Then, within 48 hours (not counting weekends or Bank Holidays) the police must make an application to the Magistrates Court to have the order ratified. The court must be satisfied on the balance of probabilities that:
- the recipient has been violent towards, or has threatened violence towards, an associated person
- the court thinks that making the DVPO is necessary to protect that person from violence or a threat of violence by the recipient
If ratified the DPVO can be in force for no fewer that 14 and no more than 28 days.
So it's not just a case of plod turning out and chucking out the alleged aggressor. More of a useful tool to tackle a serious problem. Domestic Violence is a huge problem for police and prosecutors. It is sometimes very difficult to prosecute as the alleged victim often refuses to give evidence in court. The police then become damned if they do and damned if they don't because statistics show that perpetrators of DV usually get more violent as their behaviour goes unchecked. The average number of assaults suffered by a DV victim before the issue comes to the attention of the police is about 25.
And just for information about forty percent of domestic violence victims are men.
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