The government announced on 24 September 2024 an update of its plans to tackle domestic abuse. The launch of the Domestic Abuse Protection Orders (DAPO) and Domestic Abuse Protection Notices (DAPN) pilot is due to begin in November, in Greater Manchester and the London Boroughs of Croydon, Sutton and Bromley.
The Domestic Abuse Act 2021 Part 3 came into force in England and Wales on 8 April 2024. The legislation introduced a new type of protective order for victims of domestic abuse: Domestic Abuse Protection Orders (DAPO) and Domestic Abuse Protection Notices (DAPN).
The intention is for Domestic Abuse Protection Orders and Notices to be the go-to protective measures for all instances of domestic abuse. This includes physical and/or sexual abuse, psychological and/or emotional abuse, financial abuse and controlling and coercive behaviour. At the moment, there are a range of protective orders available for victims of domestic abuse including Non-Molestation Orders, Occupation Orders, Restraining Orders, Domestic Violence Protection Notices and Domestic Violence Protection Orders. The purpose of the DAPOs and DAPNs is to limit the confusion that victims face when understanding which order to apply for and to provide a singular measure that can be recognised and enforced in civil, criminal and family courts.
A Domestic Abuse Protection Notice offers protective measures in the immediate aftermath of a domestic abuse incident. A Domestic Abuse Protection Notice can be issued when authorised by a senior police officer. Immediate restrictions or requirements will be imposed on the perpetrator. The police can then apply to the Magistrates Court for a Domestic Abuse Protection Order. This is just one of the routes for obtaining a Domestic Abuse Protection Order. A victim of domestic abuse, or certain third parties can apply through the family court for an order. If there are existing court proceedings in the family, criminal or civil court, the judge can make a Domestic Abuse Protection Order on their own accord. These existing proceedings do not have to be domestic abuse related. Measures including electric monitoring and requirements for the perpetrator to attend behaviour change or drug/alcohol misuse programmes can be implemented. Breach of a DAPO is a criminal offence, punishable by a maximum of five years imprisonment, a fine, or both.
The pilot is expected to run for two years and will then be independently evaluated ahead of an expected national roll-out. The pilot will test whether the orders are successful in meeting their intended aims.
You can read our previous blog here for more helpful information on the new legislation.