Domestic Abuse Protection Orders (DAPOs) were introduced under Part 3 of the Domestic Abuse Act 2021 and are the first order in England and Wales that can be made available across family, civil and criminal Courts. The order takes the strongest elements from the current jurisdictions and serves it up as a powerful tool, where protection can be tailored to the needs of the victim.
What is a DAPO?
A DAPO can be made by the Court to protect victims from all forms of domestic abuse, including non-physical abuse and controlling or coercive behaviour. A DAPO may be made by a Court during ongoing family, criminal or civil proceedings. Applications can be made by the police, by a victim themselves or by someone who is not directly involved, known as a ‘third party.’ A ‘third party’ could include a family member, a friend or a social worker.
An application for a DAPO can be made by the person to be protected or an individual or organisation that has been granted permission to apply. The application is made using Form DA1 supported by a witness statement and must include specified information. An application for permission is made using Form DA2. Where an application for permission is made without notice to the person against whom a DAPO is sought, it must explain why prior notice has not been given.
Where the Court makes a DAPO without notice it must fix a hearing to consider any representations to be made by the other party.
The Police must be notified when a DAPO is served.
How long does a DAPO last?
A DAPO has no minimum or maximum duration. The Court will consider how long the DAPO needs to last to protect a victim from abuse or the risk of abuse and will specify the duration of the order when it makes a DAPO.
In what ways do these orders go beyond what we already have?
A victim of abuse will no longer need to rely on an outdated concept of molestation and pestering and trying to make this stretch to cover abuse such as controlling and coercive behaviour or economic abuse. For a DAPO, all forms of abuse are included.
The requirements that a DAPO can impose are significant compared to Non-Molestation Orders. In addition to the usual restrictions such as a ban on contact or exclusion zones, a DAPO can impose attendance on a perpetrator behaviour change programme or require the person against whom the order is made to wear an electronic tag to ensure that they are compliant with the order.
A DAPO automatically requires the person against whom the order is made to notify their name and address to the Police and keep the Police informed when these change. The idea is to deal with abuse from various angles whilst keeping the Police more closely involved.
Who can apply for these orders and in which Court?
This is where the DAPOs are so unique as there are various ways a victim can seek a DAPO:-
- a victim can apply directly to the Family Court in the same way as for a non-molestation order.
- a victim can report domestic abuse to the police and request that they apply for a DAPO on their behalf.
- If the victim and the person against whom they are seeking protection are already involved in another family case, they can apply directly to that Court
- If there is a criminal case against the perpetrator for another offence that affects the victim, the Court can make a DAPO to protect the victim regardless of whether the perpetrator has been convicted or acquitted for that offence
- A ‘third party’ can apply for a DAPO on behalf of the victim. As well as reporting domestic abuse to the police, a third party can make an application to a piloting family Court, of which Wigan and the Greater Manchester Courts are, so long as they have permission of the Court.
The idea is the protection should be within touching distance whenever it becomes necessary for the Court to grant protection to a victim.
DAPOs are currently available in certain areas only, which are the London boroughs of Croyden, Sutton and Bromley; Greater Manchester, which includes Wigan; Hartlepool, Middlesborough, Redcar, Cleveland, Stockton-on-Tees and North Wales.
DAPOs are only available if the perpetrator lives in one of the piloting areas above. This means that if you are a victim of domestic abuse, a DAPO application can be made regardless of where you live, provided that the person against whom the order is sought, lives in a piloting area.
When can the Court make a DAPO?
Section 32 Domestic Abuse Act 2021 governs the making of DAPOs and provides that a Court may make an order if conditions A and B are met:-
Condition A is that the Court is satisfied on the balance of probabilities that the perpetrator has been abusive towards a person aged 16 or over, to whom they are personally connected;
Condition B is that the order to be necessary and proportionate to protect that person from domestic abuse, or the risk of domestic abuse, carried out by the perpetrator
A DAPO cannot be made against a perpetrator under the age of 18.
There are no court fees for victims applying for a DAPO.
Breaching a DAPO is a criminal offence carrying a maximum penalty of up to 5 years in prison or a fine or both.
If a DAPO is coming to an end soon, and the victim is concerned about their safety, they can contact the police or a domestic abuse support service. The victim or the police can apply to vary the order to make it last longer. If the order has already ended, the victim or the police can apply for a new order.
If you do not agree with the DAPO or you want to change it you can apply to the Court that made the order.
If you require assistance in respect of any of the issues raised please contact us for a free 30 minute no obligation consultation on 01257 228027 or info@rjtsolicitors.co.uk
