If you are looking for legal protection from domestic abuse, you may have come across Domestic Abuse Protection Orders, or DAPOs. They can offer flexible protection, but they are currently available only in certain parts of England and Wales. Where a DAPO is not available, other protective orders remain in place.
This distinction matters if you are trying to decide what to do next, particularly during a separation or a dispute about children or the family home. Here is how DAPOs work, where they can currently be used and what other options may be available.
If you are in immediate danger, call 999 and ask for the police. If you cannot speak and are calling from a mobile, press 55 to have your call transferred to the police. You can also find information about support services in the government’s domestic abuse guidance.
What is a Domestic Abuse Protection Order?
A DAPO is a court order intended to protect someone from domestic abuse or the risk of further abuse by a person they are personally connected to, such as a current or former partner or a relative. Domestic abuse is not limited to physical violence. It can also include threatening behaviour, coercive control, economic abuse and emotional or psychological abuse.
The court can tailor a DAPO to the circumstances. It might prevent someone from contacting the person being protected or approaching their home or workplace. It can also include requirements such as attending a behaviour change programme and, where appropriate, electronic monitoring. There is no set minimum or maximum length: the court decides how long the order is needed.
Breaching a DAPO is a criminal offence. If you believe an order has been breached, report it to the police. An electronic tag should not be treated as an immediate alert to the person being protected; call 999 if you are in danger.
There is also a related Domestic Abuse Protection Notice, or DAPN. The police can issue one to provide immediate protection, for example by requiring a person to stay away from a home. If the police issue a DAPN, they must then apply to the magistrates’ court for a DAPO. The application is usually heard within 48 hours.
It is the other person’s address that determines whether you can apply under the pilot. You may be able to seek a DAPO even if you live elsewhere. The British Transport Police can also apply for DAPOs as part of the pilot. If you do not know where the other person lives, the court or police can help establish whether the pilot applies. You can check the current areas in the government’s DAPO guidance.
Who can apply for a DAPO?
An application does not have to come from the person needing protection. The police can apply, and someone experiencing abuse can apply to a participating family court themselves. A relative, friend or professional may also apply on their behalf with the court’s permission. In some circumstances, a court can make a DAPO during existing family, civil or criminal proceedings.
For a family court application, the relevant form is DA1. Someone seeking permission to apply on another person’s behalf will also need DA2. If there are already county court proceedings between the people involved, the application may need to be made there instead. There is no court fee for a person experiencing abuse who applies for a DAPO. Legal aid may be available, subject to eligibility. The government’s family court guidance explains the application process and lists the participating courts.
What if a DAPO is not available?
You do not need to wait for the DAPO pilot to reach your area to seek protection. A non-molestation order may protect you from harassment, threats or unwanted contact. An occupation order can address who may live in or enter the family home. These orders can be applied for through the family court using form FL401. Where protection is needed urgently, it is important to seek advice or contact the police promptly.
Depending on the circumstances, the police or criminal courts may be able to use other protective measures, including Domestic Violence Protection Notices and Orders, restraining orders or stalking protection orders. The options have different purposes and application routes.
DAPOs are intended eventually to replace Domestic Violence Protection Notices and Orders when the new scheme is rolled out nationally. They have not replaced non-molestation orders or occupation orders. Those family court orders remain available, including in DAPO pilot areas.
Choosing the right next step
The appropriate protection depends on the risk involved, where the other person lives, whether proceedings are already taking place and what needs to happen about contact, children or the family home. If there is a risk of harm, seeking police help or a court order may be necessary without waiting for discussions with the other person.
If domestic abuse is affecting a separation or arrangements for your children, RIAA Barker Gillette’s family law team can discuss your circumstances and help you understand the family law options available to you. If you are in immediate danger, call 999.
About the Author
Pippa Marshall is a Partner and Head of Family Law at RIAA Barker Gillette.
She is a family law and divorce specialist with over 15 years of experience.
Pippa has exceptional client care skills and extensive knowledge and experience in divorce and financial remedy matters, children’s matters, emergency injunctions, and the dissolution of civil partnerships. Pippa can also help you with pre- and post-marital nuptial agreements.