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Jo C.
Jo C., Barrister
Category: Family Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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Stopping a DVPO

Customer Question

Stopping a DVPO
Submitted: 12 months ago.
Category: Family Law
Expert:  Jo C. replied 12 months ago.
-Could you explain your situation a little more?
Customer: replied 12 months ago.
Hi, I have made a stupid call to the police after an argument with my husband. I feel so bad that I should not have told that he slapped me. The truth is that he has not slapped me. He has been given a DVPN and he is going to the court. He has just been aquitted of charges he was put and had to stay away from me and his dog for 3 months. What should i do to stop this DVPN. i did not give a statement when i made the call to the police.
Expert:  Jo C. replied 12 months ago.
You can ask them to remove it but they will not. That is their current policy.
They use these orders effectively to stop people wasting their time although that was not their original purpose.
It is open to you to ask the police to reconsider the merits of the order but it is not likely that they would.
You can tell them that your allegation was untrue but then you face the risk of being prosecuted yourself for perverting the course of justice or wasting police time.
They may also disbelieve your retraction and allow the protection notice to run.
I'm very sorry but I'm afraid you cannot control their actions now. The only way to avoid this is to refrain from calling the police unfortunately.
Can I clarify anything for you?
Jo
Customer: replied 12 months ago.
How do i go to the court and defend this, I mean like last time i wanted to talk as a witness. But i did not get a chance.
Expert:  Jo C. replied 12 months ago.
If this is a protective notice then it would not go to court.
They are issued by the police. It is not subject to a complainant's evidence
They were designed to protect the vulnerable complaint. They are used, in fact, to prevent people using them as a mediation service unfortunately.
Customer: replied 12 months ago.
But they said it is going to the court for application of a DVPO. So how can i tell in front of the magistrates that he did not slap me. please note thatI have not given a statemement to retract.
Expert:  Jo C. replied 12 months ago.
If this is a protective notice then it would not go to court.
It would not go to court. It is not an issue for the court.
Therefore, there is no way of telling a Magistrate. The correct process would be to tell the police but that carries the risk I mentioned above.
Customer: replied 12 months ago.
Very surprised to know a barrister or one who knows the law that she is not aware of DVPN or DVPO. Please refer to the whole convresation. I had repeatedly said it's been taken to the court. I explained the exact terminologies. I guess she has no idea about DVPN or DVPO. She should have taken time to research. Not recommended
Expert:  Jo C. replied 12 months ago.
Ok. Good luck.

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