Domestic abuse can have devastating effects on individuals and families, making it crucial to have robust legal protections in place. Domestic Abuse Protection Orders (DAPO) is a new, flexible legal measure introduced under the Domestic Abuse Act 2021 to help protect victims from further harm. This guide breaks down what Domestic Abuse Protection Orders (DAPO) are, who can apply for them, and how they can offer protection.
What is a Domestic Abuse Protection Order (DAPO)?
A DAPO is a legal order designed to protect victims from domestic abuse by placing restrictions or requirements on the person responsible for the abuse, who would be known as the respondent to the application. Unlike other protective orders, DAPOs combine key features of existing orders into one, making them more adaptable to different situations.
How Can a DAPO Protect You?
A DAPO can impose various conditions on the respondent, including:
• Prohibiting direct or indirect contact with the victim.
• Preventing the respondent from entering specific exclusion zones (such as your home or workplace).
• Requiring the respondent to attend behaviour change programmes.
• Wearing an electronic tag to monitor the respondent’s location.
• Notifying the police of the respondent’s name, address, and any changes to ensure their identity is confirmed.
These orders aim to give victims immediate protection while helping address the root causes of abusive behaviour.
Who Can Apply for a DAPO?
One of the most significant features of DAPOs is that multiple parties can apply, including:
• The victim of domestic abuse.
• A friend or family member acting on behalf of the victim.
• Professionals (such as social workers or support workers) with court permission.
• The police (without needing the victim to make an application).
This makes DAPOs more accessible, especially for those who may struggle to apply themselves.
What Happens After a DAPO is Granted?
Once a DAPO is issued, the respondent must follow the conditions set out in the order. They may also need to:
• Register their name and address with the police.
• Cooperate with any electronic tagging requirements.
• Attend court-mandated programmes aimed at changing their behaviour.
Breach of a DAPO
Failure to comply with these conditions is a criminal offence and can result in arrest, a fine, or up to 5 years in prison. The respondent may also be held under contempt of the Court.
How Can You Apply for a DAPO?
If you’re considering applying for a DAPO, the process typically involves:
1. Completing an application form with supporting evidence.
2. Attending a court hearing to explain why the order is necessary.
3. Receiving a decision from the court based on the evidence provided.
The police or a solicitor can guide you through this process.
Will Legal Aid Cover the Costs?
Yes, Legal Aid may be available to help cover the costs of applying for a DAPO, depending on your financial situation. This applies to victims, third parties and respondents. The person applying for the DAPO will be subject to a means and merits test to confirm whether you are eligible for legal aid.
What Should You Do if the Order is Breached?
If the respondent breaches the terms of a DAPO, call the police immediately. Breaching a DAPO is a criminal offence, and the police will investigate and take appropriate action.
How We Can Help?
At Cygnet Law, we understand how difficult and distressing domestic abuse cases can be. Our dedicated
team is here to support you with:
• Applying for protective orders, including DAPOs and Non-Molestation Orders.
• Legal advice on your rights and options.
• Accessing Legal Aid funding where eligible.
If you need help or advice, please get in touch with our experienced team today.
For more information or to speak to one of our solicitors, contact us at 01642 777 680 or request a call back on our website, Cygnet Law | Family & Property Law Solicitors Redcar High Street. Your safety is our priority.
Prepared by Capri Lindo
