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.
Detailed guide to legal remedies for repeat domestic abuse offenders in England and Wales, including criminal sanctions, protective orders such as DAPOs and non‑molestation orders, Criminal Behaviour Orders, MAPPA risk management and perpetrator intervention programmes, explained for solicitors and the public.
Domestic abuse is defined in UK law as a pattern of abusive behaviours between current or former partners or family members, including physical violence, coercive and controlling behaviour, emotional abuse, intimidation and economic control. The Domestic Abuse Act 2021 underpins many modern legal remedies and recognises the recurring nature of such offending. Legal responses in England and Wales aim to protect victims, hold perpetrators accountable, prevent further abuse and address repeat offending through a combination of criminal sanctions, civil protective orders, and behaviour change interventions. This article explains the range of remedies available to courts, police, probation and support services, and how they operate in practice for repeat domestic abuse offenders.
Criminal Prosecution of Domestic Abuse Offences
Statutory Definition and Prosecution
There is no single statutory offence titled “domestic abuse”, but the behaviours that constitute domestic abuse (such as assault, controlling or coercive behaviour, stalking, harassment and threats) are criminal offences under the offences available to prosecutors framework. Prosecutors apply the Code for Crown Prosecutors when deciding to charge and pursue cases, assessing the evidence and public interest. Domestic context is treated as an aggravating factor because it involves a breach of trust and increases the threat to victims.
Sentencing and Repeat Offending
When an offender is convicted of domestic abuse‑related offences, the court imposes a sentence that reflects the seriousness of the conduct, the harm to the victim, and any aggravating features such as repeated patterns of abuse. Sentences can include:
- Custodial sentences (imprisonment) for serious or repeated offending.
- Suspended sentences with specific requirements attached.
- Fines or community orders for less severe cases.
The Sentencing Act 2020 consolidates sentencing law and repeals older legislation, applying to all convictions for domestic abuse offences.
Courts must consider ancillary orders available upon conviction, such as restraining orders, which prohibit the offender from contacting the victim or attending specified places. These work alongside the sentence to protect victims after release or during a community order.
Victims can also seek compensation orders, where a court directs an offender to pay financial compensation for injuries, losses or expenses directly resulting from the abuse.
Civil Protective Orders and Repeat Behaviour
Criminal prosecution exists alongside a suite of civil remedies that courts and police can use to prevent ongoing abuse, even where criminal charges may not be appropriate or immediately pursued.
Domestic Abuse Protection Notices and Orders (DAPN & DAPO)
The Domestic Abuse Act 2021 introduced Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs), which police and courts use to protect victims from repeat or escalating abuse. A DAPN can be issued by police to provide immediate protection following an incident, requiring a suspected abuser to leave a residence or avoid contact. It remains in force until a court hears a related DAPO application within 48 hours. A DAPO can impose longer‑term prohibitions and requirements on a perpetrator, such as:
- Exclusion zones around the victim's home or workplace.
- Restrictions on contact with the victim.
- Positive requirements including attendance at behaviour modification or substance misuse programmes.
- Mandatory notification of changes to address or name.
Breach of a DAPO is a criminal offence, with penalties including a maximum of five years' imprisonment or a fine, and may be treated as a civil contempt of court.
Police implementation of DAPNs and DAPOs is currently being piloted in select forces, with orders increasingly used to manage repeat offenders and prevent further abuse.
Traditional Protective Orders
In addition to DAPOs, courts can make other protective injunctions in civil or family proceedings, including:
- Non‑molestation orders preventing an abuser from molesting or harassing the victim.
- Occupation orders regulating who may live in the family home.
These orders may be obtained in family courts and are actionable on the balance of probabilities, offering civil protection that complements criminal prosecution. Breach of a non‑molestation order is also a criminal offence.
Criminal Behaviour Orders (CBO)
For repeat domestic abuse offenders who have been convicted of a criminal offence, the court may impose a Criminal Behaviour Order (CBO) under the Anti‑Social Behaviour, Crime and Policing Act 2014 following conviction. A CBO can prohibit or require specific behaviours, such as limiting contact with the victim or attending rehabilitation programmes. CBOs are intended to prevent future offending by setting legally enforceable behavioural conditions.
Multi‑Agency Public Protection and Management
MAPPA (Multi‑Agency Public Protection Arrangements)
For offenders convicted of serious or repeated domestic abuse, especially where violence, coercive control or other high‑risk factors are present, the court can refer management to Multi‑Agency Public Protection Arrangements (MAPPA). Under these arrangements, police, probation, health and social services work together to manage risk, monitor compliance, and support reintegration where appropriate.
Recent policy developments mean that offenders convicted of controlling or coercive behaviour and sentenced to 12 months or more will automatically be managed under MAPPA, creating a structured risk management plan involving statutory agencies.
Rehabilitation and Behaviour Change
Many offenders benefit from perpetrator intervention programmes delivered through probation services or specialist providers. These focus on addressing patterns of coercive or violent behaviour and reducing the likelihood of reoffending. While not a legal sanction per se, courts or probation officers may require participation in such programmes as part of a community order, suspended sentence, or licence condition on release from custody.
Practical Considerations for Victims and Professionals
Dual Use of Remedies
Civil protective orders, criminal sanctions and supervisory measures like MAPPA often operate in parallel. For example, a victim can have a non‑molestation order while police prosecute the offender for assault and the court imposes a restraining order upon conviction. Civil and criminal remedies should be used together to maximise victim safety and offender accountability.
Reporting and Evidence
Timely reporting of abuse to police, gathering evidence including witness statements, communications and medical records, and engaging with support services strengthens the case for both criminal charges and protective orders.
Specialist Support
Victims and professionals should access support from IDVAs (Independent Domestic Violence Advisors), specialist charities and solicitors experienced in domestic abuse cases to navigate both civil and criminal procedures effectively.
Key Takeaways
Legal remedies for repeat domestic abuse offenders in England and Wales encompass criminal prosecution, civil protective orders, preventative behaviour orders and structured risk management. Courts can impose custodial sentences, restraining and protective orders, and Criminal Behaviour Orders, while police increasingly use Domestic Abuse Protection Notices and Orders to prevent ongoing harm. Multi‑agency arrangements such as MAPPA and behaviour change programmes contribute to addressing repeat offending and protecting victims. A combined approach using criminal, civil and management tools is central to reducing the risk posed by domestic abuse offenders and enhancing safety for victims.
