It has been a few years since the Domestic Abuse Act 2021 came into force and gave a legal definition to domestic abuse to cover the following:

  • Physical abuse
  • Sexual abuse
  • Violent or threatening behaviour
  • Controlling or coercive behaviour
  • Economic abuse
  • Psychological, emotional or other abuse

In line with this, part 3 of the Domestic Abuse Act, also introduced a new set of orders called the Domestic Abuse Protection Orders (“DAPO”).

What are Domestic Abuse Protection Orders?

These are a new type of injunction orders with the aim of providing better protection to victims of domestic abuse.

These are not yet available nationally but are being piloted in certain areas of the country since November 2024 – Greater Manchester, parts of south London (Croydon, Sutton and Bromley), parts of the North-East and North Wales.

Who can apply?

As the Domestic Abuse Protection Orders has not yet been fully implemented, the Orders can only be applied for against individuals residing in the specific areas where the pilot is taking place.

For perpetrators residing in other areas, one would need to apply for the current and more common non-molestation and/or occupation orders available under the Family Law Act 1996.

There are also two conditions which need to be met before an application can be made:

  1. The court should be satisfied on the balance of probabilities that the perpetrator has been abusive towards a person aged 16 or over, to whom they are personally connected and;
  2. The order must be necessary and proportionate to protect a person from domestic abuse, or the risk of domestic abuse, carried out by the perpetrator.

In effect, the intention of the Domestic Abuse Protection Orders is to create a comprehensive order which combines the protections already granted by non-molestation and occupation orders, but also implements further safeguards for victims of domestic abuse.

So, what is the difference between Domestic Abuse Protection Orders and Non-Molestation Orders?

This is a key question for practitioners and clients and there are various differences between Domestic Abuse Protection Orders and Non-Molestation Orders “NMOs”:

  1. DAPOs can be applied for across civil, family and criminal law courts.
  2. Under these orders, even a third-party can apply for the order on behalf of the victim with the court’s leave. This affords greater protection to victims who may not be able to apply for themselves.
  3. A DAPO has wider ranging powers than a NMO such as, it can order a perpetrator to wear an electronic tag and be monitored by the local police.
  4. DAPOs also cover the functions of an occupation order and therefore remove the requirement for a party to apply for an occupation order separate to a NMO, if they wish to exclude a legal occupier from a property.
  5. Unlike NMOs, DAPOs have an absolute requirement of a party whom a DAPO is ordered against, to attend their local police station within 3 days of the order being made and registering their personal contact details.
  6. DAPOs can require a perpetrator to take positive action to address behavioural issues, for example attending a domestic abuse perpetrators’ programme.

On the face of it, the Domestic Abuse Protection Orders seem to offer enhanced protection to victims of domestic abuse, but we are yet to see the full effects of these orders as these have not been fully implemented across the country.

How can Morr & Co help with Domestic Abuse Protection Orders?

If you would like further advice on the above, please speak to one of the experts in our family law team. You can contact them by email [email protected] or by calling 0333 038 9100.