Commentary on Sections Domestic violence Section 27: Application for a domestic violence protection order
97.Subsections (1) and (2) specify that once a DVPN has been issued, a police constable must apply to the magistrates’ court for a DVPO.
98.Subsection (3) states that the magistrates court hearing must be no later than 48 hours after the time when the DVPN was served. Sundays, Christmas Day, Good Friday and all other bank holidays (in England and Wales, as per the Banking and Financial Dealings Act 1971) are to be excluded from this 48-hour period (see subsection (4)).
99.Subsections (5) to (7) cover the steps to be taken to give P notice of the DVPO hearing. Under subsection (5), notice of the hearing must be given to P. If P gave an address for the purposes of service at the point of issue of the DVPN, then the notice is deemed given if it is left at that address. Where no address has been given by P, then under subsection (7) the court must be satisfied that reasonable efforts have been made to give P the notice of the hearing.
100.Subsection (8) provides that the magistrates’ court may adjourn the hearing of an application for a DVPO. If the hearing is adjourned, under subsection (9) the DVPN continues in effect until the application is determined by the court.
101.Subsection (10) operates to prevent V being compelled, under section 97 of the Magistrates’ Courts Act 1980, to attend the hearing of an application for a DVPO or to answer questions, unless V has given oral or written evidence at the hearing.