On the 28th of November 2024, the UK government launched the new Domestic Abuse Protection Orders (DAPOs) is a court order which allows the UK courts to hand out such orders (family, civil and criminal) which ultimately means that perpetrators of abuse will be forced to live with more restrictions.
DAPOs impose more extensive conditions on the perpetrator such as banning a perpetrator from entering a specific area, requiring the perpetrator to attend an appropriate rehabilitation programme and/or putting restrictions on the perpetrator’s contact with the victim.
Domestic Abuse Protection Notices (DAPNs) can be issued by the police immediately following any incident of abuse, therefore providing protection straightaway and giving police the time to apply for a DAPO in order to secure longer term protection for the victim.
DAPNs place conditions in the perpetrator such as (i) staying away from the victim for a period of time, (ii) leaving the victim’s home for a specified period, and/or (iii) stopping all contact with the victim.
DAPOs will have no time restrictions, meaning victims are protected for as long as needed to stay safe. Breaching a DAPO will be a criminal offence punishable up to five years in prison.
What is also interesting, is that friends and family can apply for these orders on behalf of the victim.
These new laws are set to be trialled in Greater Manchester, Cleveland, London and Wales before being introduced across the country. If successful DAPOs and DAPNs will replace Domestic Violence Protection Orders and will become the go-to protective order for domestic abuse cases.
What do I think?
I think that this is a positive step.
The question is however, will this work if there are sufficient resources? For example, is there enough capacity for those who will be imprisoned on the back of breaching a DAPO?
Whilst I also appreciate that the courts can issue DAPOs covering the rehabilitation of perpetrators, the deeper question remains – can violent men really change? We know what the sentencing guidelines offer an objective criteria which judges can apply when sentencing offenders (the most recent version as of the date of this publication is dated 1 October 2018), however, whether these should be revisited once the DAPO scheme goes live is another question.
Are there resources available?
There isn’t any substitute for legal advice, however the following might be helpful.
- DAPO application guidance: Whilst this appears to be directed towards legal practitioners, this guidance has been developed to support providers who are less familiar with the civil legal aid application process when representing clients in DAPO proceedings. Click here to read the guidance.
- Legal practitioner guidance: Whilst this is targeted towards lawyers making DAPOs, this document is extremely helpful in terms of assessing ground for making such orders which is informative, especially in terms of flows and processes from the point of making an application to appeals. Click here to read such guidance.
