The Domestic Abuse Protection Framework
Under the Domestic Abuse Act 2021, a unified regime of Domestic Abuse Protection Notices (DAPN) and Domestic Abuse Protection Orders (DAPO) has been introduced. This framework replaces the earlier system of Domestic Violence Protection Notices (DVPN) and Domestic Violence Protection Orders (DVPO). These orders are designed to provide immediate and longer-term protection to those at risk of domestic abuse.
The Domestic Abuse Protection Notice (DAPN)
A DAPN is an emergency notice issued by a police officer of at least the rank of Inspector. No warrant or court appearance is required. The officer needs only reasonable grounds to believe that abusive behaviour has occurred — whether physical, emotional, or economic — and that the notice is necessary to protect the complainant from further abuse.
A DAPN typically prohibits the subject from contacting the complainant or coming within a specified distance of their address. It may also require the subject to leave their own home immediately, regardless of ownership or tenancy arrangements.
The Court Hearing for a DAPO
Within 48 hours of a DAPN being issued, a hearing must take place in the Magistrates' Court. The court will decide whether to grant a full Domestic Abuse Protection Order (DAPO). A DAPO can include:
- Flexible duration: Unlike earlier orders, there is no fixed maximum period — the order lasts as long as the court considers necessary.
- Electronic monitoring: The court can order the subject to wear a GPS tag.
- Notification requirements: The subject may be required to notify the police of their name and any change of address.
- Third-party applications: Applications can be made by the police, the complainant, or specified third parties such as local authorities.
The Standard of Proof
The standard of proof for a DAPO is the civil standard — the balance of probabilities — which is lower than the criminal standard of beyond reasonable doubt. This means the police face a lower evidential threshold to obtain an order than would be required for a criminal conviction.
It is important to take the initial hearing seriously. Although a DAPO is a civil order, breaching its terms is a criminal offence carrying a maximum penalty of five years' imprisonment.
Challenging a DAPO
There are a number of grounds on which a DAPO can be contested or its terms modified:
- Proportionality: Arguing that the proposed restrictions — such as exclusion from the family home — represent a disproportionate interference with the subject's rights, particularly where bail conditions already impose similar restrictions.
- Challenging the evidence: Scrutinising the hearsay evidence commonly relied upon in emergency hearings, particularly where the complainant has not provided a formal witness statement.
- Negotiating terms: Where an order is likely to be made, it may be possible to negotiate the scope of any exclusion zones or contact restrictions to ensure the subject can continue to work and maintain essential family relationships.
What to Do if a DAPN Has Been Issued
If a DAPN has been issued against you, seek legal advice immediately. The 48-hour window before the Magistrates' Court hearing is critical. You have the right to be heard at that hearing, and representation at that stage can make a material difference to whether an order is made and, if so, on what terms.
Compliance with the terms of a DAPN is mandatory from the moment it is issued. Any breach — even inadvertent — may be treated as a criminal matter. Do not attempt to make contact with the complainant or return to any address from which you have been excluded without specialist legal advice.