Domestic Abuse Protection Order Pilot Scheme

As of 27 November 2024, Domestic Abuse Protection Orders (“DAPOs”) are being piloted in Greater Manchester, parts of South London (Croydon, Bromley, and Sutton) and the British Transport Police.

What is a DAPO?

A DAPO is a civil order (therefore no prior conviction is required) which imposes requirements aimed at protecting victims of domestic violence.

The Home Office and Ministry of Justice have indicated that their intention is for DAPOs to become the “go to protective order for domestic abuse”. The orders will be available in civil, family, and criminal courts.

So that protection can be provided for as long as required DAPOs will not have a maximum or minimum duration, unlike the 28-day DVPOs. The key consideration for the court is whether the order is “necessary” to protect the victim (Section 35, Domestic Abuse Act 2021).

Positive requirements, prohibitions or restrictions may be imposed as part of the order.

DAPOs may also include Electronic Monitoring (EM), for example, to monitor exclusion zones or curfews, unless the perpetrator is of no fixed abode. Section 37 places further limitations on EM, including that the requirement cannot be imposed:

• in the perpetrator’s absence; or
• without consent of anyone other than the perpetrator whose co-operation is required (e.g. the home owner where the monitoring device is to be fitted).

It should also be noted that an EM requirement cannot have effect for longer than 12 months, though this can be extended on further application to the court (Section 38).

DAPOs also carry mandatory notification requirements (Section 41). A person subject to a DAPO must notify the police of their name and address and any changes within 3 days beginning the day the order was made.  Any changes must also be notified within 3 days of the change.

Failure to properly notify the Police will result in the perpetrator breaching their order. 

Who can make a DAPO?

DAPNs are police-issued notices which will provide immediate protection by imposing prohibitions or requirements aimed at protected that person from abuse/risk of abuse.

If the Police issue a DAPN they are then required to apply for a DAPO at the Magistrates’ Court. These applications must be heard within 48 hours of the notice being issued. If the hearing is adjourned, the DVPN continues until the DAPO is made.

The Police can also apply for a stand-alone order without issuing a notice.

Guidance for practitioners suggests DAPOs will also be an available ancillary order, on conviction or acquittal, in a similar manner to Restraining Orders.

For the pilot scheme, the perpetrator must reside in the piloting police force area otherwise an application cannot be made, however, the victim can reside anywhere. 

When can the court make a DAPO?

Section 32 governs the making of DAPOs and provides that a court may make an order if conditions A and B are met:

1. 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;
2. 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.

Pursuant to section 32(4), it is immaterial whether the abusive behaviour took place in England, Wales, or elsewhere.

A DAPO cannot be made against a perpetrator under the age of 18 (section 32(5)).

What happens if there is a breach of the DAPO?

Breaching a DAPO without reasonable excuse is a criminal offence.

Specifically, it is an offence to:

• breach a requirement of a DAPO without reasonable excuse;
• fail to comply with the attached notification requirements without reasonable excuse or give false information to the Police;
• fail to comply with EM requirements; or
• fail to keep in contact with the person responsible for monitoring compliance with the conditions.

A person in breach of their DAPO will be liable to (section 39):

• on summary conviction, the maximum sentence available in the Magistrates’ Court[1], a fine, or both; or
• on conviction on indictment up to 5 years’ imprisonment, a fine, or both.

Can an application for Legal Aid be made?

The Home Office and Ministry of Justice Guidance for Practitioners confirms that Legal Aid will be available for DAPOs subject to the usual means and merits tests.

Variation or discharge of the order

Section 44 governs applications to vary or discharge a DAPO. An application may be made by:

1. the person for whose protection the order was made;
2. the person against whom the order was made (“P”);
3. where the order was made under section 28, the person who applied for the order;
4. the chief officer of police of the force maintained for any police area in which P resides;
5. the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come into it.

(NB. During the pilot, this will only apply where P resides in a piloting force).

Subject to certain exceptions (Section 45), an application to vary or discharge a DAPO must be made to the court that made the order. The court may also vary or discharge of its own volition.

If a variation was made without notice, it must be served on the perpetrator before the varied order can be enforced. 

Can a DAPO be appealed?

Yes. The person against whom a DAPO is made may appeal whether made on application, of the court’s own volition as part of proceedings, or as a variation.

Section 46 governs appeals of DAPOs.

An appeal against an order made by the Magistrates’ Court must appeal to the Crown Court, or to the Court of Appeal if appealing from the Crown Court.

Before determining an appeal, the court must hear from any relevant chief officer of police who wishes to be heard (Section 47). The “relevant officer” is:

1. where the order was made on an application by a chief officer of police, that chief officer;
2. the chief officer of police of the force maintained for any police area in which the person (“P”) against whom the order was made, or (in the case of an appeal against the decision of a court not to make an order under section 28) against whom it was sought, resides;
3. the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it.

A successful appeal may result in several outcomes per section 47(4). The court may, on a review of the decision appealed against:

1. confirm, vary or revoke any part of the decision;
2. refer the matter back to the court that made the decision with a direction to reconsider and make a new decision in accordance with its ruling;
3. make any order which the court that made the decision appealed against could have made;
4. make any incidental or consequential orders that appear to it to be just.