In an ongoing effort to tackle domestic abuse, the Government has launched a pilot scheme for Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs).
The scheme, which starts on 27th November 2024, will be implemented in Greater Manchester, three Boroughs in South London (Croydon, Sutton, and Bromley), and with the British Transport Police.
The changes will last over two years, followed by an independent evaluation. If successful, the scheme will be implemented nationwide.
What protections currently exist?
In the fight against domestic abuse, civil protective orders play a crucial role in safeguarding victims and providing a sense of security. The types of orders available include:
- Occupation Orders: determine who can live in the family home and may restrict the abuser from nearby areas, ensuring the victim’s safety at home.
- Restraining Orders: issued after a criminal conviction or acquittal, prevent the abuser from contacting the victim with specific conditions and imprisonment for breaches.
- Non-Molestation Orders (restraining)/injunctions: prevent an abuser from using or threatening violence against the victim or their children, prohibiting contact or approach, with breaches being a criminal offense.
- Domestic Violence Protection Orders: civil orders issued by a magistrates’ court following a Domestic Violence Protection Notice, temporarily prohibiting the abuser from contacting or approaching the victim and lasting up to 28 days for safety while longer-term solutions are explored.
Find out more about our domestic abuse services here.
While civil protective orders are essential tools in protecting victims of domestic abuse, they are not without limitations. For instance, a Domestic Violence Protection Order only lasts up to 28 days. Currently, no single order can be applied across Family, Criminal, and Civil Courts, and the various existing orders can cause confusion around their application and authority—a problem DAPOs and DAPNs seek to resolve.
What are DAPOs and DAPNs?
DAPNs and DAPOs aim to provide better protection for victims of domestic abuse, or those who are at risk of it, and empower authorities to take tougher actions on order breaches. These orders cover a wide range of abusive behaviors, including non-physical abuse and controlling or coercive conduct.
They can be applied for by the police, the Crown Prosecution Service, victims directly, specified third parties, and the Court. These orders can also last for a specific time period or until a specified event, such as ‘until further order’.
Immediate Protection: DAPNs
In the immediate aftermath of a domestic abuse incident, it is anticipated that the police will issue a Domestic Abuse Protection Notice to the perpetrator, providing immediate protection from harm.
The Notice will prevent the perpetrator from contacting the victim, coming to or entering the victim’s address, evicting or excluding the victim from their address. It also requires the perpetrator to vacate a property if they share a home with the victim.
Comprehensive Protection: DAPOs
An application for the full Domestic Abuse Protection Order will be made to the Court within 48 hours. The Court must be satisfied, on the balance of probabilities, that the perpetrator has been abusive to the victim and that an order is necessary. ‘Abuse’ can be a single incident or a course of conduct and includes physical or sexual abuse, violent or threatening behavior, controlling or coercive behavior, economic abuse, psychological, emotional, or other abuse.
Under Domestic Abuse Protection Orders, perpetrators can be required to comply with certain requirements, such as reporting to a police station regularly, wearing an electronic tag, observing a curfew, undertaking treatment for alcohol or substance abuse, or participating in a behavioral change program. This is in addition to preventing contact with the victim. This makes DAPOs the most comprehensive tool available to protect against further domestic abuse.
Looking ahead
At Bromleys Solicitors, we are committed to supporting victims of domestic abuse through the new Domestic Abuse Protection Orders (DAPOs) pilot scheme in Greater Manchester.
Our supportive legal team will guide clients in obtaining these orders, ensuring they know their rights and protections. We will collaborate with the police and courts to secure DAPOs, providing immediate and long-term safety for victims.
Legal Aid may be available whether you are an applicant or respondent to a DAPO.
If you’re experiencing physical, mental, emotional, or sexual abuse, our caring family solicitors are here to offer the support you deserve. Call us today on 0161 768 1596 or email bromleys@bromleys.co.uk.