Initial guidance regarding Domestic Abuse Protection Notices (DAPN) and Domestic Abuse Protection Orders (DAPO) pilot

The new civil DAPN and DAPO were legislated for in the Domestic Abuse Act 2021. They will be piloted by the Ministry of Justice for two years from Spring 2024. The pilots shall take place in Boroughs in South London and Greater Manchester.

The DAPN is a police issued notice which provides immediate protection following an incident of domestic abuse. If the police issue a DAPN, they must then apply for a DAPO in the Magistrates’ Court. The application needs to be heard within 48 hours.

The aim of the DAPO is to combine the strongest elements of an existing protective Order regime into one comprehensive, flexible Order. This providing longer-term protection for people who have been subjected to domestic abuse. It is intended for the DAPO to become the first Order available in all Courts (criminal, family & civil) providing the individual with the most appropriate route to take. The idea is for the DAPO to become the ‘go-to’ protective Order.

DAPOs in the Family Court

An application for a DAPO can be made in the Family Court by the person subjected to the domestic abuse or a third party. The process is similar to applying for a Non-Molestation Order.

A DAPO does not have a minimum or maximum duration; therefore, it can protect the Applicant for as long as they need it. It is a criminal offence to breach the terms of a DAPO and the repercussions include maximum penalty of up to 5 years imprisonment, a fine, or both.

There is no Court fee for making an application for a DAPO.

Legal Aid

Legal Aid is available to both the Applicant and Respondent in relation to obtaining/defending a DAPO subject to the standard means and merits test. Legal Aid is also available for both Applicant and Respondent if seeking to vary or discharge the DAPO.