Domestic Abuse Act 2021

25 Further requirements in relation to notices

(1) A domestic abuse protection notice must be in writing.

(2) A domestic abuse protection notice given to a person (“P”) must state—

(a) the grounds on which it has been given,

(b) that a constable may arrest P without warrant if the constable has reasonable grounds for believing that P is in breach of the notice,

(c) that an application for a domestic abuse protection order under section 28 will be heard by a magistrates’ court within 48 hours of the time of giving the notice (disregarding any days mentioned in section 29(3)) and a notice of the hearing will be given to P,

(d) that the notice continues in effect until that application has been determined or withdrawn, and

(e) the provision that a magistrates’ court may include in a domestic abuse protection order.

(3) The notice must be served on P personally by a constable.

(4) On serving the notice on P, the constable must ask P for an address at which P may be given the notice of the hearing of the application for the domestic abuse protection order.

(5) Subsection (6) applies where—

(a) a senior police officer gives a domestic abuse protection notice to a person (“P”) who the officer believes is a person subject to service law in accordance with sections 367 to 369 of the Armed Forces Act 2006,

(b) the notice includes provision by virtue of section 23(2) prohibiting P from entering premises, or requiring P to leave premises, and

(c) the officer believes that the premises are relevant service accommodation.

(6) The officer must make reasonable efforts to inform P’s commanding officer of the giving of the notice.

(7) In this section—

• “commanding officer” has the meaning given by section 360 of the Armed Forces Act 2006;

• “relevant service accommodation” means premises which fall within paragraph (a) of the definition of “service living accommodation” in section 96(1) of that Act.