Domestic Abuse Protection Orders: What Are They And When Do They Come Into Force?
A pilot scheme for Domestic Abuse Protection Notices (DAPN) and Domestic Abuse Protection Orders (DAPO) is set to end on the 24th of November 2026. The pilot started on 27 November 2024 in selected regions (Greater Manchester, Croydon, Sutton and Bromley) and North Wales Police, Cleveland Police and the British Transport Police. DAPOs were introduced under the Domestic Abuse Act 2021 to protect victims of domestic abuse. Below we discuss what they are and when they will be rolled out nationally.
What is a Domestic Abuse Protection Order?
The Domestic Abuse Act 2021 defines abusive behaviour as any of the following: physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; psychological, emotional, or other abuse.
A Domestic Abuse Protection order (DAPO) is a protective order to impose restrictions and conditions on a perpetrator of such abuse. DAPO’s are being rolled out as a pilot scheme in various police force areas, the scheme is coming to a close at the end of November 2026.
When can a DAPO be made?
The Domestic Abuse Act 2021 states that a DAPO can be made if both below conditions are met:
- The perpetrator is over the age of 18 and has been abusive towards someone over the age of 16, to whom they are personally connected.
- The court considers the DAPO necessary and proportionate to protection the person from domestic abuse, or risk of, carried out by the perpetrator.
Because the order is civil, the perpetrator does not require a previous conviction for the order to be made.
An order can be made during existing court proceedings or on a standalone application. If the court considers it just and continent for the victim’s protection, an order may also be made ‘without notice’, where the perpetrator won’t be told about application in advance of the order being made.
What can a DAPO include?
The initiative aims to better support victims by implementing positive requirements and prohibitions on perpetrators. For example:
- Exclusion zones/restriction on location, for example, the victim’s home or children’s school, including within a specified distance.
- No-contact provision, including texts, social media or through third parties.
- Occupation of the family home, these provisions can apply regardless of who owns the property.
- Positive requirements, for example, requiring the perpetrator to attend a drug or alcohol misuse programme.
- Electronic monitoring (tagging), to monitor compliance with staying away from a location.
- Restrictions addressing other abusive behaviour, for example, interfering with finances, threatening to share private information or images, monitoring electronic devices.
Positively, this means that the order can be tailored to protect against the specific form of abuse, pressuring the perpetrator into changing their behaviour.
How do you apply for a DAPO?
For the purposes of the pilot, a DAPO may only be sought where the perpetrator resides within a participating police force area. The victim does not have to reside in the pilot area.
A DAPO can be applied for by several parties: the victim (aged 16 or over), third parties (with court permission), the police or the court during family, civil or criminal proceedings.
If you are applying directly to court, you must submit a Form DA1 along with a supporting witness statement. If your local court is part of the pilot and taking DAPO applications, you email the form and supporting documents. If you request the court to keep your contact details confidential, you must also complete and attach a Form C8. There are no court fees for a DAPO application.
To apply as a third party (family member, social worker, friend) in addition to the above-mentioned forms, you must complete the Form DA2, this gives permission for a third party to apply on behalf of someone else.
Once the order is accepted, you must not serve the application or order yourself. If you do not have legal representation, you must also send a Form D89 with your application to ask for a court official to serve the order.
If you are applying through the police, once you have reported the domestic abuse to the police, they can initiate a two-step process. Firstly, they will issue a Domestic Abuse Protection Notice (DAPN) which will grant immediate protection. A DAPN has strict conditions, and a breach can result in immediate arrest. Once the DAPN has been issued, the police then must apply to the magistrate’s court for a fully DAPO within 24 hours.
What happens once an order is made?
The perpetrator must provide their name and address to the police within three days of the order being made and report any subsequent changes within three days.
A DAPO has no minimum or maximum term. When making the order, the court will set the duration it considers necessary to protect the victim from abuse or the risk of abuse.
Breaching a DAPO without a reasonable excuse is a criminal offence. The police will investigate any reported breach, and the Crown Prosecution Service will decide whether to bring charges. A breach includes failing to comply with the order’s requirements, breaching electronic monitoring conditions, or failing to maintain contact with the person responsible for monitoring compliance. Failure to comply may include a fine, imprisonment or both.
What’s next?
The Ministry of Justice announced a nationwide rollout across England and Wales from 25 November 2026. Further information will be provided by MoJ following the initial phase of the rollout.
It is hoped that the national rollout of DAPN’s and DAPO’s will go some way to reducing the number of domestic abuse victims in England and Wales in line with the Government’s aim to halve violence against woman and girls within a decade.
If you are experiencing domestic abuse or need advice about obtaining protection through the courts, our Family Law team can help. We can advise on Domestic Abuse Protection Orders, injunctions and other legal remedies available to safeguard you and your family. To speak to one of our legal experts, call 0330 822 3451 or complete our online enquiry form.
Please note that Civil Legal Aid is available for DAPO’s. Hodge, Jones & Allen does not have a legal aid contract but please contact Civil Legal Advice for further information.