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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can a person be served with a DVPN (Domestic Violence Protection

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Can a person be served with a DVPN (Domestic Violence Protection Notice) for hitting a relative who is a minor in the family home? Hasten to add, writing a story. This hasn't actually happened!
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Jo C. :

Hi. Thank you for your question. My name is ***** ***** I will try to help with this.

Expert:  Jo C. replied 2 years ago.
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Expert:  Jo C. replied 2 years ago.
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Customer: replied 2 years ago.

So far you have sent me an acknowledgement and a request to respond but I am not seeing any other messages

Expert:  Jo C. replied 2 years ago.
Yes, they could use that provision in relation to a minor. 'Domestic violence' is a very wide umbrella now which is why statistically it appears a much bigger issue than it really is.
It is fair to say that the police do not generally use these notices to protect minors. It is not really in keeping with the ethos of the legislation.
It is also fair to say that the full orders are not granted particularly often but they could seek one.
The condition is that the alleged assault must be committed by a person over the age of 18.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Yes, please clarify - from what I understand you to be saying, the police are legally entitled to issue a DVPN to an adult who has allegedly carried out a threat or violence or actual violence on a minor but that it would be an unusual step because the DVPN is usually issued in situations where an adult is alleged to have committed violence against another adult. Is this correct?

Expert:  Jo C. replied 2 years ago.
Well, it is not that it is an assault upon an adult but an assault upon a person with whom they are in a primary relationship. That is what most people would think of as a domestic.
Assaults upon children of an unlawful nature are just child neglect or child cruelty and pursued under that charge. If there is an immediate danger then a referral is made to social services.
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