Understanding the Domestic Abuse Protection Order (DAPO) Pilot Scheme - A new approach to protecting victims of domestic abuse

Domestic Abuse Protection Orders (DAPO’s), have been introduced under the Domestic Abuse Act 2021, as a reform to the legal framework for protecting victims of Domestic Abuse in England and Wales. It is designed to replace the fragmented system of protective injunctions and Notices (Non-molestation orders and occupation orders). DAPO’s aim is to strengthen protection for victims of domestic abuse and simplifying the existing system of protective orders by providing the courts with a single, flexible mechanism to safeguard victims while imposing enforceable obligations on perpetrators.

What is a Domestic Abuse Protection Order?

A Domestic Abuse Protection Order is a civil order available in all courts (family, civil and criminal), to protect a person over the age of 16 (victim) from domestic abuse by someone aged over 18 to whom they are personally connected (perpetrator). The principal objective of a DAPO is to prevent further domestic abuse by providing effective legal protection to those at risk. The order is intended to address all forms of domestic abuse including:

• Physical abuse
• Emotional and psychological abuse
• Coercive and controlling behaviour
• Economic abuse
• Psychological abuse
• Stalking and harassment
• Technology-facilitated abuse

The orders can be tailored to the specific circumstances of each case, allowing courts to impose conditions that best protect victims from further harm.

Who may apply?

Applications for DAPOs may be made by:

1. The police
2. The victim
3. A person acting on behalf of the victim was permitted by the court

The court may also make a DAPO during existing civil, family or criminal proceedings where the evidence demonstrates that such protection is necessary. 

Conditions that must be met

The Domestic Abuse Act 2021 adopts a broad definition of domestic abuse, recognising that abusive conduct often extends beyond physical violence.

1. The person who needs protecting is over the age of 16, and the perpetrator is over the age of 18 and they are Personally Connected
2. The behaviour is abusive

Personally connected

• Married/civil partners (or former)
• Agreed to marry/enter into a civil partnership
• Intimate personal relationship (or former)
• Parental relationships to the same child
• Relatives

Behaviour is abusive

• Physical or sexual abuse
• Violent or threatening behaviour
• Controlling or coercive behaviour
• Economic abuse – behaviour with a substantial adverse effect on the victim’s ability to acquire, use or maintain money or other property, or to obtain goods or services
• Psychological, emotional or other abuse
• Single incident OR a course of conduct.

The court may make a DAPO if satisfied that:

1. On the balance of probabilities, the respondent has been abusive towards a person aged over 16 to whom they are personally connected; and
2. The order is necessary and proportionate to protect that person from domestic abuse, or the risk of it. 

Powers of the court

The court has considerable discretion when determining the terms of a DAPO. Conditions imposed must be proportionate, necessary and directed towards protecting the victim from further abuse. 

A DAPO may:

• Prohibit any conduct with the victim
• Exclude the perpetrator from the victims home or specified premises
• Prevent attendance at specified locations, including workplaces and children’s schools
• Restrict communication through telephone, email, social media or third parties
• Require the perpetrator to attend behaviour change programmes, substance misuse treatment, or mental health interventions where appropriate
• Require electronic monitoring where considered necessary

Unlike previous protective orders, DAPO’s combine prohibitive and positive obligations within a single legal instrument.

Key Features of DAPOs

• Enhanced Flexibility
  DAPOs allow courts to tailor restrictions and requirements to individual circumstances, ensuring that protective measures reflect the specific risks faced by victims.
• Longer-Term Protection
  Unlike some previous protective orders that had limited durations, DAPOs can remain in force for as long as necessary to safeguard victims.
• Stronger Enforcement
  Breaching a DAPO is a criminal offence. Police have the power to arrest individuals suspected of breaching an order, and offenders may face prosecution, fines, or imprisonment.
• Focus on Prevention
  In addition to restricting harmful behaviour, DAPOs can require perpetrators to engage with intervention programmes aimed at reducing future abuse.

Practical considerations

The DAPO is currently in a pilot scheme and operating in limited courts though England and Wales. To bring a claim for a DAPO the perpetrator must live in one of the following locations: 

• Greater Manchester
• North Wales
• Hartlepool
• Middlesborough
• Redcar
• Cleveland
• Stockton-on-Tees
• London boroughs of Croydon, Bromley or Sutton 

If you would like any assistance in making an application for a DAPO please contact our Family team to arrange a meeting on 020 8290 0440.