On 20 February 2024, the UK Home Office launched a consultation calling for views on whether draft statutory guidance for police on Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) is clear and comprehensive. Here’s the outcome of the consultation and what happens next.
The current landscape
According to a Crime Survey for the year ending March 2023, an estimated 2.1 million adults aged 16 and over in England and Wales were known to have experienced domestic abuse in the previous year.
The UK government has made it a top priority to take action to tackle domestic abuse and confront these heinous crimes. The current Domestic Abuse Act 2021 (DAA 2021) continues to strengthen the government’s response to domestic abuse on every level by defining the acts of abuse that can be criminalised.
This bolsters the protections available to victims and ensures that perpetrators feel the full force of the law.
Under the Domestic Abuse Act 2021, provisions for a new Domestic Abuse Protection Notice (DAPN) and Domestic Abuse Protection Order (DAPO) have emerged. This legislation brings together the strongest elements of existing Orders to further protect victims and provide flexible, longer-term protection through a single, comprehensive arrangement.
The new legislation will be piloted for two years.
Now in force
8 April 2024 marked the day that The Domestic Abuse Protection Orders (County Court: Relevant Proceedings) Regulations 2024 came into force in England and Wales, having been laid before Parliament on 4 March 2024.
The new legislation has been introduced under Part 3 of the Domestic Abuse Act 2021, revoking current Domestic Violence Protection Order (DVPO) legislation.
Under the DAA 2021, domestic abuse is defined as specific behaviour by the perpetrator towards a victim, provided that both parties are aged 16 or over and personally connected to one another, and the behaviour is indeed abusive.
Abusive behaviour contained in the legislation includes:
- Controlling and coercive behaviour
- Economic abuse
- Physical or sexual abuse
- Psychological and emotional abuse
- Violent or threatening behaviour
The DAA 2021 states that irrespective of whether there’s a single incident of abuse or a pattern of abusive behaviour, it’s all considered abuse.
Why have Domestic Abuse Protection Orders been introduced?
Existing DVPOs carry a maximum duration of 28 days, where as DAPOs offer a flexible, longer-term – where needed – level of protection for domestic abuse sufferers. Plus, DAPOs will allow the Courts to respond to changes over time, and can be used to protect sufferers from all types of domestic abuse – including coercive or controlling behaviour.
Who can get a DAPO?
Currently, only the police can apply for a DAPO via a Magistrates’ Court. That said, provisions are being made to allow abuse sufferers and third parties to apply for a DAPO directly to the Family Court.
Plus, under the new legislation, Civil, Criminal, and Family Courts can make a DAPO at their discretion during Court proceedings, which does not have to be related to domestic abuse. However, the Court must be satisfied that an Order is necessary and proportionate to protect the person suffering abuse.
Are DAPOs subject to Court fees?
Domestic abuse sufferers will not have to pay a fee to apply for a DAPO. However, to ensure that DAPO applications can be made without having to involve victims (where appropriate), and that application fees do not deter police from using them, the UK government will provide funding for the police to apply for DAPOs.
As part of the two-year pilot scheme, the government will assess the cost to the police and then decide whether to continue to provide funding thereafter once DAPOs are rolled out nationally.
Will Legal Aid be available for DAPOs?
For civil representation for victims applying for an Order and for representing respondents in Criminal Courts, Legal Aid will be provided – subject to means and merits tests.
As a protective order, DAPOs could potentially be added to the list of accepted evidence of domestic abuse. Therefore, applicants can use them to apply for Legal Aid in private family law disputes, again, subject to means and merits tests.
What protection does a DAPO provide?
A DAPO imposes certain prohibitions on domestic abuse perpetrators as well as positive requirements. An example of the kind of protection a DAPO can offer includes prohibiting a perpetrator from coming within a certain distance of a victim’s home or workplace.
Perpetrators could face mandatory mental health assessments or enrollment on a behaviour change programme.
The flexibility of DAPOs means that they can be customised to suit each case, providing adequate protection based on facts.
Before a positive requirement can be imposed, Courts will need proof of the sustainability and enforceability of a DAPO. Under the new rules, Courts can use electronic tagging to monitor compliance with a DAPO.
Plus, DAPOs require perpetrators to provide police with their full name, home address, and any amendments to this information if it changes. This means police can more effectively monitor the whereabouts of perpetrators and any risks they may pose.
What if a perpetrator fails to comply with a DAPO?
In the event of a breach, perpetrators faced no criminal sanctions under Domestic Violence Protection Orders (DVPOs). Under DAPO rules, any breach is classed as a criminal offence, carrying a maximum penalty of either five years in prison, a fine, or both.
DAPO breaches can also be dealt with as a civil contempt of Court. The views of the victim would be considered, alongside public interest, when deciding which penalty to enforce.
What happens next?
An official government factsheet highlights the intention to make DAPOs the ‘go-to’ protective order for domestic abuse cases. However, Non-Molestation Orders and Restraining Orders will remain in place to continue to offer protection to those who require it.
With the changes and new rules coming into force, domestic abuse sufferers need to be aware of the protections available.
If you are suffering domestic abuse, you should seek legal advice immediately.
The government estimates that 55,000 DAPOs will be made per year.
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