Emergency Protection Orders for Domestic Abuse Situations

When domestic abuse occurs, victims and their families may need protection on an urgent basis. The typical protective tools - such as non‑molestation or occupation orders under the Family Law Act 1996 - can take time to obtain through the family court. In contrast, emergency protection measures provide immediate, short‑term safeguards following a domestic abuse incident. These are crucial where there is an imminent risk of harm but there is not yet time for a full court hearing or criminal case to proceed. This guide explains the types of emergency protection orders available in England and Wales, how they are obtained, what they do, and the steps that follow.

Police‑Issued Protection: Domestic Violence Protection Notices (DVPNs)

What Is a DVPN?

A Domestic Violence Protection Notice (DVPN) is an emergency notice issued by the police when they attend a domestic abuse incident. It provides immediate protection to a victim by imposing restrictions on a suspected perpetrator.

• Legal basis: Sections 24–33 of the Crime and Security Act 2010.
• Purpose: Give victims short‑term protection - sometimes called “breathing space” - while further steps are taken.

When Can a DVPN Be Issued?

A DVPN may be issued when:

• The police reasonably believe that a person has used violence or threatened violence against a victim or associated person.
• There is an immediate need to prevent further harm to the victim.
• There is no existing bail condition or other protective measure in place that adequately protects the victim.

Effect of a DVPN

Once issued:

• It takes legal effect immediately upon service.
• It typically prevents the suspect from contacting the victim or entering the victim's home.
• The suspect must comply with any prohibitions in the notice.

Duration and Next Steps

A DVPN lasts for up to 48 hours excluding Sundays and specified holidays. Within that time, the police must apply to the magistrates' court for a Domestic Violence Protection Order (DVPO).

Court‑Made Emergency Protection: Domestic Violence Protection Orders (DVPOs)

What Is a DVPO?

A Domestic Violence Protection Order (DVPO) is the court order that follows a DVPN. If the magistrates' court agrees, it can extend the protective restrictions for a fixed period.

How Long Does a DVPO Last?

A DVPO can last:

• Up to 28 days from the date it is made.
• This extended protection gives victims time to consider their options, seek support, or take additional legal action.

What Restrictions Can a DVPO Include?

DVPOs can:

• Prevent the perpetrator from returning to the victim's home.
• Prohibit the perpetrator from contacting the victim directly or indirectly.
• Stop the perpetrator from harassing or threatening the victim.
• Be applied without the victim's consent if necessary to protect them.

Civil Nature and Enforcement

Unlike criminal orders, breaches of a DVPO are a civil matter. However, police have the power to arrest without a warrant if there are reasonable grounds to suspect a breach.

New Protective Tools: Domestic Abuse Protection Notices and Orders (DAPNs/DAPOs)

Introduction of DAPNs and DAPOs

The Domestic Abuse Act 2021 introduced a new form of protective measure - Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) - aimed at improving emergency protection options. These are currently being piloted in select areas of England and Wales.

Key features:

• DAPNs provide immediate protective measures issued by police, similar to DVPNs.
• DAPOs are court orders that follow and may contain tailored prohibitions and positive requirements.
• These orders can be more flexible and longer‑term than traditional DVPOs.

Pilot Areas and Status

The pilot for DAPNs and DAPOs began in late 2024 and has been extended into early 2026 in areas including Greater Manchester and parts of London and North Wales. The orders remain in effect during the pilot and appeals process.

Process Summary: From Incident to Emergency Protection

1. Domestic Abuse Incident: The police attend a report of violence, threats, or serious risk.
2. Issue of DVPN/DAPN: Where appropriate, police issue a notice providing immediate protection.
3. Court Application: Police apply to the magistrates' court within 48 hours for a DVPO (or DAPO under the pilot).
4. Hearing and Order: The magistrates' court considers evidence and may grant an order extending protection for up to 28 days (under the DVPO framework).
5. Aftercare and Options: During the order's duration, victims can access support services, consider long‑term protection orders (such as non‑molestation orders), or seek legal advice.

Practical Impact for Victims

Emergency protection orders are designed to achieve immediate safety, giving victims:

• Time to secure alternative housing if needed.
• Space to consider further civil remedies such as non‑molestation or occupation orders.
• Opportunity to access support services, risk assessments, safety planning, and advocacy.

They also allow the state (through police and magistrates' courts) to intervene where criminal charges may not be appropriate or where evidence for prosecution is limited.

Potential Limitations and Considerations

Short Duration

Emergency orders are temporary by design. A DVPO lasts no more than 28 days, and a DVPN no more than 48 hours before a DVPO hearing is required. This means long‑term safety plans often require additional protective orders.

Civil Enforcement

Breaches of a DVPO are not always criminal offences, though police can arrest for suspected breaches. The primary sanctions are civil, including contempt proceedings.

Pilot Schemes

The DAPN/DAPO framework remains under pilot in designated areas, and its availability is not uniform across England and Wales at present.

Common Questions

Do Victims Have to Apply for These Orders?

Emergency notices are usually initiated by the police. Victims can request the police consider a DVPN or DAPN if urgent protection is needed.

Are Orders Always Issued with Victim Consent?

Not necessarily. Police and courts can make orders without the victim's consent where necessary to protect them.

Can Emergency Orders Lead to Longer‑Term Protection?

Yes. Emergency protection can be followed by civil orders in the family court - such as non‑molestation or occupation orders - which can offer extended or indefinite protection.

Final Thoughts

Emergency protection orders are vital legal tools for immediate safety after a domestic abuse incident in England and Wales. The process typically begins with a police‑issued notice - a DVPN or, in pilot areas, a DAPN - followed by a magistrates' court hearing for a DVPO or DAPO. These measures can exclude a suspected perpetrator from a victim's home and prevent contact for short, defined periods, providing critical breathing space for victims to seek further protection and support. Understanding how these orders work helps victims and advisers navigate urgent protective options alongside longer‑term legal remedies.