Domestic Abuse Protection Notice / Order (DAPN or DAPO)
STOCKPORT | MANCHESTER | NORTH WEST
Being issued with a DAPN/O is a legally binding agreement which can have serious consequences if breached. Call us for immediate advice by telephone on 0161 477 1121.
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.
If you have any questions about DAPN and would like to speak to one of our experts, please don’t hesitate to contact us anytime on 0161 477 1121.
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 which is taken seriously by the courts and is likely to attract an immediate prison sentence.
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). You can also appeal against a DAPO. We can advise you how to do this.
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