Domestic Abuse Protection Order (DAPOs)

Domestic Abuse

Anyone can be a victim of domestic violence, no matter their gender, age or ethnicity. Our solicitors at AFG Law are passionate about helping victims of abuse find a way forward with the help and assistance of court orders available to them.

Domestic abuse is a pattern of behaviour used to exert power and control over someone you are personally connected with, whether that be a spouse or another family member. There are many forms of domestic abuse, including physical violence, emotional manipulation, coercive control, sexual abuse, and financial control.

As most emotional and physical abuse occurs behind closed doors, it can be hard for victims to feel seen or seek help. We understand that those suffering from abuse can find it difficult to talk about what has happened, especially if they haven’t told anyone before. Our friendly, easy to talk to solicitors have helped hundreds of people over the years and can use their experience to help you deal with this difficult time.

What is a Domestic Abuse Protection Order (DAPO)?

Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) are two related but separate legal tools and civil orders introduced under the Domestic Abuse Act 2021 to provide both immediate and longer-term protection for victims of domestic violence. They are currently being trialled in certain parts of England and Wales as new protective measures for victims of domestic abuse. Greater Manchester and certain areas in London are the first places to run the scheme, with other areas and police forces joining as the trial continues.

A Domestic Violence Protection Notice is a temporary notice/measure that can be issued by a police officer at the scene of abuse with an immediate effect that protects the victim. It stops the abuser from contacting the victim and lasts for a maximum of 48 hours.

A Domestic Abuse Protection Order is typically applied for once the Domestic Abuse Protection Notice times out. A DAPO provides longer-term relief and can be accompanied by a range of conditions that the preparator must follow, including positive requirements such as attending a behaviour change programme. DAPOs can be made during both criminal proceedings and civil proceedings.

A Domestic Violence Protection Order can place a range of restrictions or requirements on an abuser, such as:

• Prohibiting them from contacting the victim
• Banning them from coming near the victim’s home or workplace
• Requiring them to attend behaviour change programmes or substance misuse treatment

Any person subject to a DAPO must keep the police informed of their whereabouts and provide their full name and current address to the police within three days of the order being issued. If they change their name or move to a new address at any point, they must update the police within three days of that change. This requirement is there to help the authorities keep track of the individual and make sure the order is being properly enforced.

In some cases, the court might also decide that electronic monitoring is needed. This involves the use of a tag to track the perpetrator’s movements and check whether they’re complying with specific conditions, such as staying a set distance away from the victim’s home. Tagging can act as a strong deterrent against further abuse and gives added reassurance that the terms of the DAPO are being taken seriously.

Who can apply for a Domestic Abuse Protection Order?

One of the main new aspects of Domestic Abuse Protection Orders is that there are several groups of people who can apply for one. Unlike some existing orders, a DAPO can be applied for by the police, individual victims of domestic abuse, or certain third parties such as support services or family and friends. A judge can also impose a DAPO during any ongoing court proceedings if they believe it is required in order to protect the victim.

The flexibility in applying for a DAPO is important as it means that others can apply on a victim’s behalf if they are too scared or vulnerable to do it for themselves.

It is also important to note that a victim’s consent is not needed when applying for the order. This was one of the main aims when creating the new DAPO, in that there are more protections available to victims, especially in situations where they are too afraid to seek help themselves.

How long does a DAPO last?

A DAPO can last for as long as the court sees fit. There is no minimum or maximum duration, and it is at the court’s discretion how long the order should last to protect the victim best.

Is a DAPO the same as a non-molestation order?

No, though they are similar, a DAPO differs from a non-molestation order in that only a victim of domestic abuse can apply for a non-molestation order, whereas DAPOs allow for intervention from a range of parties.

Both orders can prohibit contact and restrict a perpetrator’s actions, such as staying away from the victim’s home. However, DAPOs can include additional conditions, such as mandatory programmes or electronic monitoring. In contrast, Non-Molestation Orders primarily focus on preventing harassment or violence.

How to apply for a DAPO

There are several ways to apply for or request a DAPO:

• Through the Police: You can report domestic abuse to the police and request that they issue a Domestic Abuse Protection Notice (DAPN) or apply for a DAPO on your behalf. The police will assess whether a DAPN is appropriate and may then apply for a DAPO if necessary.
• Direct Application in Family Court: You can apply for a DAPO yourself by completing the DA1 court form and submitting it to a family court. The form and a list of courts accepting applications can be found online at the official government website.
• Existing Family Court Cases: If you and the perpetrator are already involved in a family court case, you can apply for a DAPO directly to that court using the DA1 form.
• Involvement in Civil Courts or Criminal Cases: If there is an ongoing criminal offence involving the perpetrator, the court can issue a DAPO for your protection, regardless of the outcome of the criminal case.
• Third Party Application: A third party (such as a family member, friend, or social worker) can apply on your behalf, provided they have permission from the court. They will need to complete both the DA1 and DA2 forms, the latter seeking court approval to apply on your behalf.

Our solicitors at AFG Law can assist victims of domestic abuse by providing support and guidance through the DAPO application process. We can assist in the preparation of the necessary forms and ensure they are submitted to the court correctly. If a case requires a court hearing, then our domestic abuse solicitors can represent you. Please get in touch with us today to find out more.

How can AFG Law help with Domestic Abuse Protection Orders?

Our domestic abuse solicitors are dedicated to helping our clients feel safe and heard. We understand that taking the step to seek help with a Domestic Abuse Protection Order takes courage, and we will support you every step of the way.

As one of the largest family law departments in Greater Manchester, our team is perfectly positioned to assist clients with DAPOs, especially as Greater Manchester is one of the few areas where these orders are currently being trialled.

If you have any further questions regarding domestic abuse protection orders or if you require legal advice on domestic abuse, please call 01204 920 100 to speak with AFG Law’s expert family and domestic violence team, who can support you in all aspects of family law. Alternatively, you can email one of the team members at familysolicitor@afglaw.co.uk.