Article

The introduction of the pilot scheme which created Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) marks a substantial shift in how domestic abuse cases are handled in England and Wales. These new protective measures are currently being piloted in selected parts of the UK, with the aim of providing immediate and long-term protection for victims of domestic abuse.

Domestic Abuse case handling prior to the Pilot Scheme

The current legal remedies for victims of domestic abuse centres around Non-Molestation Orders and Occupation Orders.

Non-Molestation Orders

• Only available to “associated persons,” which excludes some abuse cases.
• Requires meeting strict legal tests, with victims often needing legal representation.
• Applications could be slow, which limits immediate protection.

Occupation Orders

• Hard to obtain without evidence of significant harm or housing vulnerability.
• Legal tests are complex
• Limited flexibility in urgent or developing situations.

Restraining Orders

• Only available after criminal proceedings
• No protection for victims whose cases didn’t reach court.

In the current system, victims often have had to navigate multiple legal processes and carry the weight of acquiring protection themselves, even in high-risk situations. As a result, many have been left feeling increasingly vulnerable.

What Is a Domestic Abuse Protection Notice (DAPN)

A DAPN is an emergency measure which is directly issued by the police. It has been created to offer immediate, short-term protection to a victim of domestic abuse. This notice can be issued without a court order if a senior police officer has reasonable grounds to believe that:

1. The alleged offender has been abusive, and
2. The notice is necessary to protect the victim from any further damage.

Typical conditions implemented by a DAPN may involve the alleged offender:

• not being able to communicate with the victim through any means
• being restricted from going near the area of the victim’s home.
• leaving a shared residence immediately.

Breaching a DAPN has serious consequences; the police have the power to arrest the alleged offender without needing a warrant. The individual can then be held for up to 24 hours pending a court hearing.

What Is a Domestic Abuse Protection Order (DAPO)

A DAPN only lasts for 48 hours. In order to extend this time, an application to the Magistrates’ Court must be made for a longer-term DAPO if further protection is required. It can be requested by:

• The police
• Social Services or another relevant third party
• The alleged victim themselves
• A court during related family or criminal proceedings.

To grant a DAPO, a court must be satisfied:

1. Harm has or is likely to occur
2. This harm is likely on the balance of probabilities
3. Involves people who are personally connected (e.g. spouses, partners, relatives)
4. The order is necessary and proportionate to protect the victim from future harm
5. The court will also weigh the welfare of any children, the opinion of the victim, and household circumstances.

Typical conditions imposed by a DAPO may involve the alleged offender:

• not being able to communicate with the victim through any means
• being restricted from going near the area of the victim’s home.
• attending behaviour change or substance misuse programmes.
• having electronic monitoring (EM) to enforce curfews

Every DAPO includes an obligatory notification requirement which ensures the alleged offender must notify the police of their current address and any changes within three days. Failure to do so is a criminal offence.

Unlike DAPNs, DAPOs do not have a fixed duration. The court can set the order for as long as necessary, based on the protection requirements of the victim.

Breaching a DAPO is a criminal offence unless there is a reasonable excuse for the breach. The penalties can range from fines or summary conviction in a Magistrates’ Court, to up to five years’ imprisonment if convicted in a Crown Court.

Access to Legal Aid and Costs

During the pilot phase, there is no fee to apply for a DAPN or DAPO. Additionally, Legal Aid is available, subject to the usual financial and merit tests for both alleged victims and perpetrators. However, it remains unclear whether free access and legal aid will continue if the scheme is rolled out nationally.

Implications for the Family Courts

The introduction of DAPNs and DAPOs is likely to significantly impact family court proceedings. They offer an efficient alternative to Non-Molestation and Occupation Orders, which often require separate applications and can take a while to be initiated. These changes reflect the governments approach to create a more victim-centred justice system.