New protective orders were launched under the Domestic Abuse Act 2021. Following their announcement Domestic Abuse Protection Notices (DAPN) and Domestic Abuse Protection Orders (DAPO), are set to be piloted from November 2024.
What are DAPOs and DAPNs?
DAPNs aim to provide immediate protection for victims following an incident of domestic abuse. They are an extension of the existing Domestic Violence Protection Notice (DVPN) in providing immediate protection from all forms of domestic abuse, rather than just physical violence or the threat of physical violence.
DAPOs are intended to provide a longer-term form of protection for victims of domestic abuse, where necessary and appropriate. The Orders will contain conditions including the prohibition of violence, threatening behaviour, communication, and attendance at or proximity to a specified location for example, however, they will also be able to impose positive requirements, such as attendance at behaviour change programmes or wearing an electronic tag.
Victims, police, and specified third parties will all be able to apply for DAPOs. However, other people will be able to apply for a DAPO, subject to having received approval from the court.
Further criminal, civil and family courts will be accorded the power to make DAPOs at their discretion during existing court proceedings, even where said proceedings do not relate to domestic abuse. Breach of requirements under a DAPO will be a criminal offence and a perpetrator may face a maximum penalty of up to five-years imprisonment, a fine, or both.
Victims will not be required to pay a court fee when making an application for a DAPO. The pilot is hoped to identify the cost of the introduction of DAPOs to the police; during the trialling period the cost of court fees incurred by the police for applications for DAPOs will be covered to ensure that costs do not act as a deterrent. Post-pilot, the government will review whether such funding will continue when the policy rolls out nationally.
Furthermore, it is possible that DAPOs would be added to the list of accepted evidence of domestic abuse and therefore assist in applications for legal aid in private family law disputes, where parties are also eligible on a means basis.
How will the introduction of DAPOs and DAPNs affect existing protective orders?
There is a wide range of protective orders currently in operation including Non-Molestation Orders, Occupation Orders, Restraining Orders and DVPOs. The government intends for DAPOs and DAPNs to combine the strengths of existing orders into a ‘go to’ single, comprehensive order. It is hoped that this will help to resolve issues experienced with implementation and enforcement of existing protective orders.
Whilst DVPNs will be repealed, other existing protective orders will remain available for circumstances in which victims and perpetrators are not ‘personally connected’; for example, in cases of stalking or harassment where the perpetrator has not had an intimate personal relationship with the victim.
Details of the Pilot
DAPN and DAPO will be trialled in Greater Manchester and Croydon, Sutton, and Bromley in South London, as well as by the British Transport Police. The pilot is set begin from November 2024 and continue for a duration of two years. The pilot will assess whether the new scheme is successful in satisfying the government’s policy objectives, namely, providing a more comprehensive and flexible mechanism for dealing with domestic abuse.
How can Tozers help?
Tozers can assist in several ways during this transition to the new Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs). Our team of legal experts is well-versed in domestic abuse law and can provide guidance to both victims and professionals navigating these changes.
