102.Section 28 details the two conditions that must be met for a DVPO to be made, as set out in subsections (2) and (3).
103.The first condition is that the court must be satisfied on the balance of probabilities that P has been violent, or threatened violence, towards an associated person, V.
104.The second condition is that the court thinks the DVPO is necessary to secure the protection of V from violence, or the threat of violence, from P.
105.Subsection (4) specifies particular matters a court must consider prior to making a DVPO, where it is made aware of these matters. These are: the welfare of any child whose interests the court considers relevant to the DVPO: the opinion of V; and, where the DVPO is to include conditions in relation to the occupation of premises shared by P and V, the opinion of any other associated person who lives in the premises.
106.It is not necessary that V consent to the order. Subsection (5) specifies that a court may issue a DVPO regardless of whether or not V consents.
107.Subsection (6) provides that a DVPO must contain provision explicitly prohibiting P from molesting V for the duration of the DVPO. As set out in subsection (7), this may include molestation in general, particular acts of molestation, or both.
108.Subsection (8) specifies that where P and V share living premises, the DVPO may explicitly: prohibit P from evicting or excluding V from the premises; prohibit P from entering the premises; require P to leave the premises; or prohibit P from coming within a certain distance of the premises (as specified in the DVPO) for the duration of the DVPO. This provision can be made irrespective of who owns the premises.
109.Subsection (9) attaches a power of arrest to the DVPO which can be exercised if a police constable has reasonable grounds for believing that P is in breach of the DVPO. In these circumstances, the constable may arrest P without warrant.
110.Subsections (10) and (11) specify the duration of the DVPO. A DVPO may be in force for a minimum of 14 days from the day on which it is made, to a maximum of 28 days from the day on which it is made. The DVPO must state the period for which it is to be in force.
Commentary on Sections Domestic violence Section 28: Conditions for and contents of a domestic violence protection order