Domestic Abuse Protection Notices & Orders (DAPNs AND DAPOs)

Olliers’ Ruth Peters considers the pilot scheme introducing Domestic Abuse Protection Orders (DAPOs)

The Domestic Abuse Protection Order (DAPO) is a new type of order currently being piloted similar to the current scheme of Domestic Violence Protection Notices.

The aim of the DAPO is to bring together various elements of the existing protective orders into a single comprehensive, flexible order to offer longer term protection for victims of domestic abuse. The intention is for the DAPO to become the ‘go to’ protective order for domestic abuse.

Essentially the DAPO will be the first order available in all court jurisdictions (criminal, family and civil) providing victims with different court route to the order and an option to identify the most appropriate route. The decision to make DAPOs available in all courts came as a result of feedback during the public consultation and the draft domestic abuse bill.

Pilot Areas and Introduction

Domestic Abuse Protection Notices and Orders are being trialled in two areas as of Wednesday 27th November 2024 namely Croydon, Sutton and Bromley in South London as well as Greater Manchester Police. British Transport Police (BTP) are also trialling the orders.  In terms of the boundaries of the pilot perpetrators must reside in the pilot area for an application to be brought via any route although victims can reside anywhere for any application route. All police forces are to respond to breaches and all courts can deal with breaches of the orders dependent on where the breach takes place.  Only courts within the pilot area can hear applications to vary or discharge an order.

This is the first time that British Transport Police have been given power to apply for a civil order directly.  British Transport Police will apply for a DAPO in the piloting magistrates court nearest to the location of the incident. The perpetrator will need to reside in a pilot area for BTP to apply for an order and if a DAPO is imposed it will be managed by a Home Office piloting force

Police led DAPOs in the Magistrates’ Court

Similarly to the existing Domestic Violence Protection Notice (DVPN), the DAPN is a police issued notice to provide victims with immediate protection following an allegation of domestic abuse. It can impose prohibitions and requirements considered necessary to protect a victim from future domestic abuse (or the risk of domestic abuse) for example prohibiting the alleged perpetrator from going within a specified distance of the victim’s home address. Where the police issue a DAPN they must then apply for a DAPO to the Magistrates Court and the application must be heard by the court within 48 hours of the DAPN being issued. This can also apply for a standalone DAPO without issuing a DAPN.

DAPOs can also be applied for in the Family and Civil Courts however this blog will concentrate on orders applied for by the police and dealt with by the Magistrates Court.

DAPOs will also be available in criminal proceedings as an Ancillary Order upon conviction or acquittal for an offence in a similar manner to a Restraining Order.

Key features of DAPOs

Key features of DAPOs are as follows:

1. Duration – A DAPO will not have a minimum or maximum duration in contrast to DVPOs which are limited to a maximum of 28 days.
2. Breach – breach of any DAPO requirement without reasonable excuse will be a criminal offence. This carries a maximum penalty of up to 5 years imprisonment, a fine or both. The breach of an order can also be dealt with as a civil contempt of court.
3. Access – DAPOs will be available in Family, Civil and Criminal proceedings. The requirements which can be imposed and the consequences for breach are the same regardless of the court in which the DAPO is issued.
4. Electronic monitoring – The DAPO will be the first civil order to use electronic monitoring (EM) to monitor compliance with other requirements. Tagging will only be imposed under a DAPO where it is deemed by a court as necessary and proportionate.
5. Positive requirements – positive requirements can be imposed under a DAPO requiring positive actions such as attendance on a perpetrator behaviour change programme
6. Prohibitions and Restrictions – there are various DAPO requirements available to allow the court greater flexibility to tailor the protection requirements for each victim. The use of electronic monitoring and positive requirements are additional features for a
7. DAPO and will not be appropriate in all instances. Accordingly, DAPOs which carry restrictions or prohibitions only (and no positive requirements) are to be expected.
   Mandatory Notification Requirements – the person subject to the order must notify police of their name and address and any changes to these details within three days of the change. Failure to comply will result in a breach of the order.
8. Duration to the DAPO conditions – different requirements or conditions can have different durations. For example, it could be specified that a perpetrator is prohibited from entering the property for 28 days but must attend a perpetrator’s programme for six months. A key feature of the DAPO is that a court must consider what is (necessary and proportionate) to protect the victim. Tagging for DAPOs can only be in place for 12 months at a time. If after 12 months it is deemed that electronic monitoring is still required, an application can be made to vary the DAPO and reinstate the tagging condition.

Making a DAPO Without Notice

The court may make a DAPO against an alleged perpetrator without that person being given notice of the proceedings. The court must have regard to the following;

• Any risk that the alleged perpetrator will cause significant harm to the victim the DAPO is not made immediately
• Whether it is likely that the person who applied for the DAPO will be deterred or prevented from pursuing the application if the DAPO is not made immediately
• Whether there is a reason to believe that the perpetrator is aware of the proceedings but is deliberately evading service of notice of the hearing and the delay involved in effecting substituted service of proceedings will cause serious prejudice to the person for whose protection the order would be made.

Prohibitions, Restrictions and Positive Requirements

The court must consider what requirements (if any) are necessary to protect the person from the abusive behaviour. The provisions sought by the police in their DAPO applications are expected to reflect this. The perpetrators alleged abusive behaviour may take any of the form set out in the definition of domestic abuse under section 1 of the Domestic Abuse Act 2021.

The conditions of prohibitions, restrictions and/or positive requirements can be tailored to protect the victim and address the perpetrators abusive behaviour based on each case. The application for a DAPO must effectively set out the conditions the applicant deems necessary to protect the person from domestic abuse or the risk thereof.

What prohibitions can a DAPO include?

A DAPO may impose a range of prohibitions including:

• Prohibiting the perpetrator from contacting the victim by any means including telephone, post, email, text message, other social media
• Prohibiting the perpetrator from coming within a specified distance of any premises in England and Wales where the victim is living. A DAPO can also prohibit the perpetrator from coming within specified distance of any premises including any place where the victim in common may be found such as the victim’s place of work, place of worship or the children’s school
• Where the victim and perpetrator live in the same premises prohibiting the perpetrator from evicting or excluding the victim from those premises, prohibiting the perpetrator from entering those premises or requiring the perpetrator to leave those premises irrespective of who owns or rents the premises.

The court may impose any requirements which are considered necessary to protect the person from domestic abuse or the risk of domestic abuse.

What positive requirements can a DAPO include?

Positive requirements require the perpetrator to take actions that must be monitored by a responsible person. This principally relates to referrals for mandatory attendance onto a programme such as the Behaviour Change Programme, Drug or Alcohol Abuse Programme.

The requirement of a DAPO should, so far as is practicable, avoid conflict with the perpetrator’s religious beliefs, the perpetrators work or education of the requirements of any other court order they are subject to.

A DAPO has effect for a fixed period specified in the order, until the occurrence of a specified offence or until a further order is made, different durations may be specified in relation to different requirements of a DAPO.

Breach of DAPOs

It is an offence to breach a Domestic Abuse Protection Order. Breach could involve doing anything prohibited by the DAPO or failing without reasonable excuse to do something which is required by the DAPO.

There are specific offences in relation to a breach of a DAPO

• Breach of any requirement of a DAPO without reasonable excuse
• Failing to comply with notification requirements without reasonable excuse or knowingly providing the police with false information
• Failing to keep in touch with the responsible person for supervising compliance with the requirement and/or notifying them of a change of home address or lack thereof
• Failure to comply with obligations in relation to electronic monitoring requirements

The maximum penalty for breach of a DAPO is 5 years imprisonment (in the Crown Court) or a fine or both.

Breach of a DAPO can also be dealt with as a civil contempt of court. However this does not apply to an order made by a Magistrates’ Court which does not have the power to punish for civil contempt. Breach of a Magistrates’ Court order should therefore always be dealt with by way of arrest and charge for the criminal offence. Where the DAPO was made by a court other than a Magistrates Court the maximum penalty for civil contempt of court is generally up to 2 years imprisonment or a fine or both.

How can Olliers help?

The Olliers team of specialists has substantial experience in successfully representing clients facing of allegations of domestic abuse. Our experience means that we understand the complexity of cases involving allegations of domestic abuse. We appreciate that matters are rarely as straightforward as they may initially seem. In the first instance, investigators will inevitably have only one side of the story. Allegations may date back over extended periods, they are rarely one-off events and they may be combined with allegations of physical, sexual, psychological, emotional or financial abuse. Frequently allegations of domestic abuse run alongside other issues between the parties, for example separation, divorce, issues in relation to children, finances or third-party relationships.

At Olliers, we understand the complexity of cases involving allegations of domestic abuse. We appreciate that matters are rarely as straightforward as may be initially be presented by police or prosecutors who will inevitably have only one side of the story. We are frequently contacted by clients who have been asked to attend a voluntary interview. If a client was interviewed under arrest, we may be contacted once they are on bail or released under investigation. The pre-charge stage of the case is crucial. It is the opportunity for the defence to go on the front foot adopting a proactive approach to pre-charge engagement with investigators.

If you face any allegation of a domestic nature, it is important not to sit back and leave the police to investigate the matter. Please contact one of our specialist defence lawyers as soon as possible.