Tackling domestic abuse: Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs)
DAPNs and DAPOs will be piloted in Greater Manchester, Croydon, Sutton and Bromley from 27/11/24. These new measures will only apply if the perpetrator lives in a piloted area.
- Domestic Abuse Protection Notices (DAPNs)
A police officer will be able to issue a DAPN against a suspected perpetrator (if aged 18 or over) if there are reasonable grounds to believe that the individual has been abusive towards another who is aged 16 or over. Both individuals must, however, be personally connected.
Generally, a DAPN will impose upon the perpetrator specific instructions, usually not to contact the victim and not to attend at the victim’s home address.
The test applied is one of necessity – is a DAPN necessary to protect the victim from further domestic abuse OR the risk of domestic abuse?
- Domestic Abuse Protection Orders (DAPOs)
If the police issue a DAPN, they will also apply, within 48hours, to a magistrates’ court in the piloted area for a DAPO, providing enhanced protections for victims. If granted, a DAPO is legally binding, breach of which is a criminal offence, carrying a maximum penalty of up to 5years’ imprisonment on indictment, or a fine, or both.
The focus of a DAPO is to protect victims from domestic abuse, including non-physical abuse and controlling or coercive behaviour.
A DAPO has no minimum or maximum duration and can be made by a magistrates’ court even during ongoing criminal, family or civil proceedings.
Perpetrators subject to a DAPO can, however, apply to the magistrates’ court where the original order was made for it to be varied or discharged.
- Legal Aid
Subject to the usual means and merits test, legal aid will potentially be available to fund legal advice regarding DAPOs. You can find out more at: www.gov.uk/legal-aid
- Legal Advice
DAPNs and DAPOs will place a significant burden on perpetrators by way of prohibitions and requirements, so legal advice is essential.
Is a DAPO necessary?
Are the prohibitions and requirements proportionate?
These are questions which a PDS lawyer can help you with.
As stated above, breaching a DAPO is a criminal offence. An admitted or proven breach might place a perpetrator ‘at risk’ of a custodial sentence, so legal advice is again essential.
If you are impacted by these new measures or made the subject of a DAPN and/or a DAPO, you can speak with one of our lawyers in confidence.
Please contact the Public Defender Service at any one of our four offices. We are available 24hours a day, 365 days of the year.
Cheltenham: 01242 548270
Darlington: 01352 289480
Merthyr Tydfil: 01443 629724
Swansea: 01792 633 280
For further details: