Clare’s Law, or the Domestic Violence Disclosure scheme has two functions
- ‘Right to ask’ which enables someone to ask the police about a partner’s previous history of domestic violence or violent acts.
- ‘Right to know’ where the police can proactively disclose information in prescribed circumstances.
The Domestic Violence Protection Orders approach has two stages:
Where the police have reasonable grounds for believing that a perpetrator has used or threatened violence towards the victim and the victim is at risk of future violent behaviour, they can issue a Domestic Violence Protection Notice on the spot, provided they have the authorisation of an officer at Superintendent rank.
- The magistrates’ court must then hear the case for the Protection Order itself – which is the second step – within 48 hours of the Notice being made. If granted, the Order may last between a minimum of 14 days and a maximum of 28 days. This strikes the right balance between immediate protection for the victim and judicial oversight.
To make a request for information from Derbyshire Police Force, please click use the link below:
