The Magistrates’ Courts (Domestic Violence Protection Order Proceedings) Rules 2011

• Citation: S.I. 2011/1434
• Sections: 6

Section 1 Citation and Commencement

These Rules may be cited as the Magistrates’ Courts (Domestic Violence Protection Order Proceedings) Rules 2011 and shall come into force on 30 June 2011.

Section 2 Application and Interpretation

In these rules—

“the 1995 Act ” means the Civil Evidence Act 1995;

“the 1999 Rules ” means the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999 ;

“the 2010 Act ” means the Crime and Security Act 2010 ;

“ DVPO ” means a Domestic Violence Protection Order made in accordance with section 28 (conditions for and contents of a domestic violence protection order) of the 2010 Act; and

“DVPO proceedings” means proceedings under any of sections 26 (breach of domestic violence protection notice) 27 (application for a domestic violence protection order) and 29 (breach of domestic violence protection order) of the 2010 Act.

Section 3 Application and Interpretation

These Rules shall apply to DVPO proceedings in magistrates’ courts.

Section 4 Disapplication of section 2(1) the 1995 Act

Section 2(1) (notice of proposal to adduce hearsay evidence) of the 1995 Act does not apply to DVPO proceedings.

Section 5 Exclusion of the 1999 Rules

(1) Rule 2 (application and interpretation) of the 1999 Rules is amended as follows.

(2) After rule 2(3) insert—

(4) These rules shall not apply to Domestic Violence Protection Order proceedings as defined in “DVPO proceedings” under rule 2 (application and interpretation) of the Magistrates’ Courts (Domestic Violence Protection Order Proceedings) Rules 2011.

Section 6 Application for a DVPO in the magistrates’ court

In an application for a DVPO, the application, in accordance with section 27(2) of the 2010 Act, must be made by complaint and, accordingly, when an application for a DVPO is made, the applicant shall be deemed to be a complainant, the respondent to be a defendant and any notice given under section 27(5) of the 2010 Act to be a summons, but nothing in this rule shall be construed as enabling a warrant of arrest to be issued for failure to appear in answer to any such notice.