On 27th November 2024, a pilot has been launched for Domestic Abuse Protection Orders (DAPOs) or Domestic Abuse Protection Notices (DAPN)s.
Domestic Abuse Protection Orders and Domestic Abuse Protection Notices
What are DAPOs/DAPNs?
DAPOs/DAPNs are a new type of injunction, introduced by the Domestic Abuse Act 2021.
During this pilot, DAPOs/DAPNs are only available if the abuser resides in Greater Manchester or the London Boroughs of Croydon, Sutton or Bromley. They can also be applied for by the British Transport Police.
Unless you are seeking an order against someone who resides in one of these areas, then a DAPO/DAPN is not currently available for you, and you will need to apply for a non-molestation order.
A DAPO can be applied for by an individual. A DAPN must be applied for by the police.
Who can apply for a DAPO?
DAPOs can be applied for in any court.
In order to apply for a DAPO, the abuser and survivor need to be:
- Partners or ex-partners,
- Have a child together, or
- Related.
You can apply for a DAPO for your own protection if:
- You are aged 16 or over, and
- The abuser is aged 18 or over.
You can apply for a DAPO on behalf of someone else, if:
- The person you want to apply to protect is aged 16 or over, and
- The abuser is aged 18 or over.
How is a DAPO different to a non-molestation order?
A DAPO is different to a non-molestation order in a number of ways:
- A DAPO cannot protect any relevant children. If you are seeking to protect yourself and your children, you should apply for a non-molestation order.
- A DAPO can enforce the abuser to take positive action. For example, it may be ordered that the abuser attends a behavioural programme or substance rehabilitation.
- A DAPO can order that the abuser is electronically monitored by the police, for example, with an electronic tag.
- A DAPO requires the abuser to attend their local police station within three days of the order being made to register the DAPO and provide their details. The police may require them to file their photograph and their fingerprints. The abuser will have to do this again if they change their address.
- You can apply for a DAPO on behalf of someone else if you believe that person is being abused and requires emergency protection.
- A DAPO can exclude a legal occupier from residing in a property – you would have to apply for an occupation order as well as a non-molestation order to exclude a legal occupier from a property.
- You can apply for a non-molestation order when the abuser is aged 16 or over. DAPOs are only available when the abuser is aged 18 or over.
How is a DAPO the same as a non-molestation order?
A DAPO is the same as a non-molestation order in a number of ways:
- A DAPO will tell the abuser that they are not allowed to do certain things, examples typically including that they cannot contact or approach the survivor.
- A DAPO is awarded in the family courts, so the abuser and survivor will need to know each other because they are either partners or ex-partners; have a child together; or are related.
- A breach of a DAPO is a criminal offence and can lead to a fine or prison sentence.
How do I apply for a DAPO?
We would strongly urge you to seek legal advice before applying for a DAPO.
As this pilot is currently restricted to a limited number of areas, we would recommend that you make an application for a non-molestation order on our CourtNav site. All applications submitted through CourtNav will be checked by a legal adviser or solicitor. If your case is eligible for an application for a DAPO, your adviser will inform you of this and help you to make an informed decision as to whether you would like to apply for a DAPO or a non-molestation order.
If you are a third party seeking to apply for a DAPO on behalf of someone else, we remind you that they are currently only available if the abuser lives in the London Boroughs of Sutton, Bromley, Croydon or Greater Manchester. If this applies to you, please seek advice by contacting: [email protected]