Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs)
Find out how DAPNs and DAPOs can help protect you if you or someone you know is a victim of domestic abuse.
If you are in immediate danger, call 999 and ask for the police. If you can’t speak and are calling on a mobile press 55 to have your call transferred to the police. You can find more information on how to recognise domestic abuse and get help at: Domestic abuse: how to get help
This document provides information on what Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) are, how you can apply for a DAPO, and what it means if a DAPN or DAPO is applied for or made on your behalf. These orders are currently being piloted in certain areas only – check Where can I apply for a DAPO to see if this is relevant to you, and what you can do if you live elsewhere.
If you are a victim of domestic abuse or know somebody else who is, you may be able to apply for a DAPO. If you are a victim, it may be that a DAPO is applied for or made on your behalf, for example by the police, by a relative, a social worker or by the court during an ongoing court case.
The Victims’ Code explains your rights as a victim of crime.
What is domestic abuse?
The Domestic Abuse Act 2021 says that abusive behaviour can consist of any of the following: physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; psychological, emotional, or other abuse.
What is a Domestic Abuse Protection Notice (DAPN)?
A DAPN is issued by the police to a perpetrator to provide immediate protection to victims of all forms of domestic abuse. A DAPN can be issued where the police officer considers there are reasonable grounds to believe that a person has been abusive towards another person who is aged 16 or over. The perpetrator must be aged 18 or over. The victim and the perpetrator must also be personally connected – for example, they are, or have been married or civil partners, are or were in a relationship or are related. DAPN contains specific instructions that the perpetrator must follow, such as staying away from a victim’s home.
The police will consider whether a DAPN is necessary to protect the victim from further domestic abuse or the risk of domestic abuse. If the police issue a DAPN, they will then also apply for a Domestic Abuse Protection Order (DAPO). A DAPO application will usually be heard by the magistrates’ court within 48 hours.
A DAPN is legally binding, and failure to follow its conditions could result in the perpetrator being arrested and brought before a magistrates’ court.
What is a Domestic Abuse Protection Order (DAPO)?
A DAPO can be made by the court to protect victims from all forms of domestic abuse, including non-physical abuse and controlling or coercive behaviour. A DAPO may be made by a court during ongoing criminal, family, or civil proceedings. Applications can also be made by the police, by a victim themselves or by someone who is not directly involved, known as a ‘third party’. A third party could include a family member, a friend, or a social worker.
DAPOs are protective orders and can be used to impose restrictions and conditions on a perpetrator of domestic abuse.
- A prohibition is a rule that prevents someone from doing something. For example, this could include stopping a perpetrator from coming within a specified distance of a victim’s home and/or any specified premises, such as a workplace.
- A DAPO will always include mandatory notification requirements. This means that a perpetrator subject to a DAPO must tell the police their name and address and tell the police of any changes to these. The perpetrator subject to a DAPO is required to first tell the police their name and address within 3 days of a DAPO being made, and after that, within 3 days of any changes to these.
- The court may decide to impose electronic monitoring (known as ‘tagging’) on a perpetrator to monitor whether they are following certain rules of the DAPO, for example those that stop a perpetrator from coming within a specified distance of the victim’s home.
- The court may also decide to impose a positive requirement that calls for the perpetrator to take positive action, such as attending a behaviour change programme.
How long does a DAPO last?
A DAPO has no minimum or maximum duration. The court will consider how long the DAPO needs to last to protect a victim from abuse or the risk of abuse and will specify the duration of the order when it makes a DAPO.
What happens if the conditions of the DAPO are not followed?
A DAPO is legally binding and breaking any of its rules is known as a breach. Breach of a DAPO is a criminal offence and should always be reported. If you are aware that any of the conditions or rules of a DAPO have been broken, you should contact the police.
When a breach of a DAPO is reported, the police will investigate it and work with the Crown Prosecution Service to decide whether the case will be charged as a criminal offence. The police will keep you informed about how the case progresses.
If a perpetrator breaches their electronic ‘tag’, for instance by entering an area that they are banned from, the police will receive an alert from the electronic monitoring provider by 10:00am the following day. The police will then decide what action to take. This action will not be immediate – if you are in danger, you should call 999.
When you report a breach, the police will give you a crime reference number. Keep a note of this in case you need to follow up.
How can I apply for a DAPO?
There are various ways you can apply for or request a DAPO:
- You can report domestic abuse to the police and request that they issue a DAPN or apply for a DAPO on your behalf. The police will decide whether a DAPN is needed initially.
- You can apply for a DAPO yourself in the family court. To do so, you will need to complete a DA1 court form. You can find the form and a list of the courts taking applications at: Apply for a domestic abuse protection order in a family court
- If both you and the person you are seeking protection from are already involved in another family court case, you can also apply directly to that court, using the DA1 form. If you’re involved in civil action, find out how to apply in a county court
- If there is a criminal case against the perpetrator for another offence that affected you, the court can also make a DAPO for your protection, regardless of whether the perpetrator has been convicted or acquitted for that offence.
A ‘third party’ can also apply for a DAPO on your behalf. A ‘third party’ is someone who is not directly involved in the abuse. For example, this could be a family member, a friend, or social worker. As well as reporting domestic abuse to the police, a third party can make an application to a piloting family court, so long as they have permission from the court. To do this, a third party will need to complete forms DA1 (Application for a Domestic Abuse Protection Order) and DA2 (Application for leave to apply for a Domestic Abuse Protection Order).
You can seek any requirement which may be considered necessary to protect you from domestic abuse or the risk of domestic abuse. The court will consider these requests when making a DAPO.
Is there any cost associated with applying for a DAPO?
There are no court fees for victims applying for a DAPO.
Where can I apply for a DAPO?
As of 27 November 2024, DAPNs and DAPOs are piloted in certain areas only. The current piloting areas are:
- London boroughs of Croydon, Sutton, and Bromley
- Greater Manchester
- The British Transport Police are also able to apply for a DAPO
DAPNs and DAPOs are only available if the perpetrator lives in a piloting area. This means that, if you are a victim of domestic abuse, a DAPO application can be made regardless of where you live, so long as the perpetrator lives in a piloting area. If you don’t know where the perpetrator lives, the court or the police will help to find out whether you are able to apply for a DAPO.
If you don’t live in a piloting area, it is possible that you may have to travel to attend court hearings at the piloting family or county court. If this is the case, you can contact the court to request a remote hearing. These requests will be considered by the judge and granted on a case-by-case basis.
If you are unable to travel to a piloting court, you may wish to consider applying for a Non-Molestation Order at your nearest family court. You can also ask the police to help protect you – the police can apply for different orders outside of DAPO piloting areas. For more details on applying for a Non-Molestation Order please go to: Apply for a non-molestation or occupation order: Form FL401
I’ve had a DAPO made on my behalf, what does this mean for me?
If you are a victim of domestic abuse, a DAPN or DAPO may be used or applied for on your behalf and for your protection. In some circumstances, a DAPN will be given or a DAPO will be made without your consent if it is believed you are at risk of harm.
If you are already involved in another court case, the court may make a DAPO if the court decides it is necessary to protect you. The court can do this even if the case does not relate to domestic abuse. The court will consider your views before doing so.
The law also allows the police to issue a DAPN or make a DAPO application to protect you. They will do this if they consider the perpetrator has been abusive towards you or you are at risk of abuse. The police have a duty to consider your views before proceeding.
When the police apply for a DAPO on your behalf, they may ask you whether you would like to submit oral or written evidence to support their application. Any evidence submitted may be considered by the court at the hearing. If the police apply for a DAPO on your behalf, you cannot be compelled to attend the court hearing, unless you have submitted evidence.
What happens when the DAPO ends?
If a DAPO is coming to an end soon, and you’re concerned about your safety, you can contact the police or a domestic abuse support service. You or the police can apply to change (vary) the order to make it last for longer. If the order has already ended, you or the police can apply for a new order.
What if I don’t agree with the DAPO or want to change it?
You can apply to the court that made the order to change it or to bring it to an end (known as discharge). Ask the court that made the DAPO how to do this.
You can also appeal against a DAPO. Ask the court that made the DAPO how you can appeal.
You may want to get legal help or advice if you don’t agree with a DAPO or want to change it.
Can I get free legal advice?
You may wish to seek legal advice. Legal aid can help to cover the costs of legal advice and is available for victims who want to apply for DAPOs, subject to means and merits tests. You can find out more about whether you can get legal aid at: www.gov.uk/legal-aid.
If you are already involved in a family or county court case with the perpetrator, your legal adviser will usually apply for legal aid on your behalf.
Who can help me apply for a DAPO?
FLOWS (Finding Legal Options for Women Survivors) offer free legal help and advice to victims and survivors of domestic abuse on how to apply for a DAPO. You don’t have to be eligible for legal aid to get help from FLOWS. You can contact FLOWS on 0203 745 7707, by email [email protected] or through their website.
You may be also able to get help from other organisations who offer help and support to victims of domestic abuse.