This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
In‑depth explanation of the legal framework for Domestic Abuse Protection Orders (DAPOs) under the Domestic Abuse Act 2021 in England and Wales, covering criteria, procedures, key features, pilot implementation, interaction with other protective orders and how the courts tailor protections to safeguard victims of domestic abuse.
Domestic abuse protection orders (DAPOs) represent a significant legal development in England and Wales in the fight against domestic abuse. Introduced by the Domestic Abuse Act 2021, these orders provide long‑term and flexible protective measures for victims of abuse, addressing a broad spectrum of harmful behaviours beyond physical violence. This article explains the statutory framework, how DAPOs fit within existing protective regimes, the criteria and processes for making them, their key features and how they interact with other legal orders and procedures. The aim is to help solicitors, students and members of the public understand the law, rights and procedures involved in obtaining and enforcing domestic abuse protection orders.
Statutory Basis: Domestic Abuse Act 2021
The legal framework for domestic abuse protection orders is principally contained in Part 3 of the Domestic Abuse Act 2021. This statute creates new civil tools - Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) - to provide immediate and longer‑term protection for victims and those at risk. DAPOs are designed to bring together the most effective aspects of existing protective orders into a single comprehensive instrument that can be tailored to individual circumstances.
The Act defines domestic abuse broadly. Under section 1, behaviour is abusive if it involves physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, or emotional or psychological abuse, regardless of whether it consists of a single incident or a course of conduct. This reflects a modern understanding of abuse that goes beyond isolated violent acts.
Domestic Abuse Protection Notices (DAPNs) and Orders (DAPOs)
Domestic Abuse Protection Notices
A Domestic Abuse Protection Notice (DAPN) is a short‑term notice that can be issued by a senior police officer (inspector or above) where there are reasonable grounds to believe a victim is being abused or is at immediate risk of abuse. A DAPN can impose immediate conditions such as prohibiting contact or excluding a perpetrator from the victim's home. A DAPN must be followed by an application for a DAPO in the magistrates' court within 48 hours.
Domestic Abuse Protection Orders
A Domestic Abuse Protection Order (DAPO) is a civil court order made to protect a victim from domestic abuse or the risk of domestic abuse. A DAPO can be obtained in a magistrates' court, family court or county court, and may also be made by a criminal court during criminal proceedings where abuse is identified.
A DAPO can be made:
- On police application (particularly where a DAPN has been issued).
- On victim application to a family court.
- On application by a third party such as a local authority or support service with the court's permission.
- Of the court's own motion during criminal or family proceedings if the need for protection is apparent.
The DAPO regime is being piloted in selected areas including Greater Manchester and several London boroughs, with evaluation informing future national roll‑out.
Criteria and Court Considerations
A court may make a DAPO when it is satisfied that:
- The perpetrator is aged 18 or over and has been abusive towards a person aged 16 or over who is personally connected to them (such as an intimate partner or family member).
- Making the order is necessary and proportionate to protect that person from domestic abuse or the risk of such abuse.
The requirement for protection to be necessary and proportionate ensures that DAPOs are tailored to the specific risk faced by the victim. Orders can address both actual abuse and the risk of future abuse, helping courts to prevent harm rather than respond only after it occurs.
Key Features of Domestic Abuse Protection Orders
Broad Scope of Protection
DAPOs cover all forms of abuse recognised under the Act, including emotional, psychological and economic abuse, rather than focusing solely on physical violence. This wider ambit improves protection for victims whose harm arises from non‑violent but damaging conduct.
Tailored Provisions
A DAPO can include a range of prohibitions, restrictions and positive requirements. Common measures include:
- No contact provisions covering all forms of communication.
- Exclusion zones around the victim's home, workplace or other specified places.
- Residence conditions preventing the perpetrator from evicting or excluding the victim from shared accommodation.
- Mandatory attendance on programmes, such as perpetrator behaviour change, substance misuse or mental health support.
- Electronic monitoring to support compliance, such as tracking compliance with exclusion zones.
- Mandatory notification duties, requiring the perpetrator to notify police of their name, any aliases, home address and changes to that address within three days of the order being made and when changes occur.
These features make DAPOs more flexible and comprehensive than many older protective orders.
Duration and Conditions
Unlike earlier civil orders, DAPOs have no fixed minimum or maximum duration, allowing courts to tailor the length of the order and its conditions to individual cases and risks. Conditions can be set for different time periods within the same order, taking into account the specific needs of the victim and the nature of the perpetrator's behaviour.
Criminal Consequences for Breach
Breaching a DAPO is a criminal offence carrying a maximum penalty of up to five years' imprisonment, a fine, or both. Police forces across England and Wales have jurisdiction to enforce breaches; a breach can be prosecuted by the Crown Prosecution Service.
Relationship With Other Orders
The DAPO regime does not exist in isolation. It is intended to simplify and unify protective mechanisms alongside other orders:
- Domestic Violence Protection Orders (DVPOs) and Domestic Violence Protection Notices (DVPNs) created under the Crime and Security Act 2010 have historically provided short‑term protection but are expected to be phased out as the DAPO model is rolled out nationwide.
- Non‑molestation orders under the Family Law Act 1996 remain available and useful tools, especially where conduct amounts to harassment or intimidation within family proceedings.
- Protective orders made under criminal processes, such as restraining orders, continue to operate where appropriate.
The broader statutory guidance emphasises that DAPOs should not replace necessary criminal investigations or prosecutions; they complement these actions to enhance victim safety.
Procedure and Pilot Implementation
Application Routes
Because the framework is implemented gradually through pilot programmes, the availability and implementation procedures vary by area. Where pilots are active, senior police officers can issue DAPNs and apply for DAPOs through the magistrates' court. Victims and third parties can also seek DAPOs via family or civil courts, and criminal or family courts can make orders of their own motion during ongoing proceedings.
Court Process
Applications require clear evidence of abuse or risk of abuse, including the nature, frequency and impact of the behaviour. Courts then determine whether the conditions of necessity and proportionality are met. In some cases, interim orders may be made pending a full hearing.
Pilot Areas
Initial pilot areas include London boroughs (Croydon, Bromley, Sutton), Greater Manchester, the British Transport Police area, Cleveland and North Wales. Success and evaluation of these pilots will inform national implementation plans.
Practical Considerations
Evidence and Risk Assessment
Successful DAPO applications depend on robust evidence detailing abusive behaviour and risk. Evidence used can include witness statements, police records, medical or psychological reports, and communications. Assessment of risk must align with the statutory definitions and judicial expectations for necessity and proportionality.
Multiple Jurisdictions and Courts
DAPOs can be made in magistrates' courts, family courts and county courts, and during criminal proceedings. Applicants should consider the most appropriate forum depending on the context, urgency and desired conditions.
Enforcement and Compliance
Police and prosecutors play key roles in enforcing DAPOs. Victims should report breaches promptly; enforcement can include arrest and prosecution, and the order's terms should be clear and specific to aid compliance.
Key Takeaways
The legal framework for domestic abuse protection orders in England and Wales centres on the Domestic Abuse Act 2021, which introduces modern, flexible, and comprehensive protective measures to safeguard victims. DAPOs build on existing protective orders to cover a wide range of abusive conduct, provide tailored and longer‑term protection, and carry significant criminal penalties for breach. They are accessible across multiple courts and via police or victim applications, and they reflect a conjunction of civil protection and criminal enforcement aimed at preventing harm and supporting victims. As pilot programmes expand, DAPOs are expected to become a core component of the domestic abuse legal response.
