On 27th November 2024, the Home Office announced new measures to enhance protection for victims of domestic abuse. The pilot scheme has granted new powers to the police and courts to impose Domestic Abuse Protection Orders (DAPOs) and Domestic Abuse Protection Notices (DAPNs).
As present, DAPNs and DAPOs can only be granted in the following areas:
- London Boroughs of Croydon, Sutton and Bromley; and
- Greater Manchester
The British Transport Police can also apply for a DAPO.
DAPNs and DAPOs are only available if the perpetrator lives in a piloting area. If you do not know where the perpetrator lives, the police can assist you.
The pilot is expected to continue for two years, before it is reviewed ahead of a potential national roll-out.
Domestic abuse can take many forms, including physical or sexual abuse; threatening, coercive or controlling behaviour; financial abuse and psychological or emotional abuse.
At present, there are a range of protective orders available to victims of domestic abuse including, Restraining Orders, Non-Molestation Orders and Occupation Orders. However, there is no singular measure that can be used across family, civil and criminal courts. The main aim of this pilot scheme is to provide a measure that can be recognised and enforced in each court.
What is a Domestic Abuse Protection Notice (DAPN)?
A DAPN can be issued by the police to provide immediate protection to a victim. A police officer will consider whether there are reasonable grounds to believe that a person aged 18 or over has been abusive towards another person aged 16 or over.
The victim and the perpetrator must also be personally connected, which can include your husband/wife, civil partner, someone you were in a relationship with or a family member.
The DAPN will include restrictions, such as prohibiting the perpetrator from coming near your property.
If the police have issued a DAPN, they can then also apply for a DAPO. An application for a DAPO will usually be heard by the magistrates’ court on an urgent basis.
It is an arrestable offence to breach the terms of a DAPN.
What is a Domestic Abuse Protection Order (DAPO)?
A DAPO can be granted by the court and can also be made during ongoing criminal, family or civil proceedings.
Applications can be made by the police, the victim or someone not directly involved, such as a family member or a social worker.
There are several protective measures that can be granted, which include:
- Prohibiting the perpetrator from attending or coming near your home, or another relevant place, such as your workplace;
- Requiring the perpetrator to attend a drug/alcohol misuse or behaviour change programme; or
- Requiring the perpetrator to undertake a mental health assessment.
A DAPO will also include mandatory notification requirements. This means that a perpetrator subject to a DAPO must disclose their name and address to the police within three days of the order being granted. If their name or address changes, they should notify the police within three days.
The court may decide to impose electronic monitoring, also known as electronic tags, to monitor that a perpetrator is complying with the geographical terms of the DAPO. This means for the first time; the family courts will be able to impose tagging.
There is no minimum or maximum duration for a DAPO. The duration will be determined on a case-by-case basis by the courts, to consider how long the DAPO needs to last to protect a victim.
What happens if the perpetrator breaches a DAPO?
Breaching a DAPO is a criminal offence, punishable by up to five years imprisonment, a fine or both.
You should report any potential breaches of a DAPO to the police. The Crown Prosecution Service will decide on whether to charge the perpetrator.
If a perpetrator who is subject to an electronic tag enters a restricted area, the police will receive an alert of the breach from the monitoring provider by 10.00am the following day.
How can I apply for a DAPO?
There are several ways to request a DAPO:
- You can report an incident of abusive behaviour to the police and request that they issue a DAPN or apply for a DAPO on your behalf.
- You can apply for a DAPO yourself in the family court. If there is already a family court case ongoing involving you and the perpetrator, you can apply directly to that court.
- If there is an ongoing criminal case, for an offence towards you that the perpetrator has been charged with, the criminal court can also make a DAPO.
What if I cannot apply for a DAPO?
If the perpetrator does not live in a piloting area, then you still may be able to make an application for a Non-Molestation Order or Occupation Order as you are currently able to do. To make this application, you must be ‘associated’ under the Family Law Act 1996. It is important to check (ideally with a family solicitor), whether you qualify as an associated person for the purposes of a court application. Please see our article ‘What is a Non-Molestation Order?’ for further information.
If you think that you are a victim of domestic abuse, then we are able to assist. Please contact us using the links below to speak to one of our experienced specialist family lawyers.
