From November 2024, these new orders are being piloted in two regions, the South London Boroughs of Croydon, Sutton and Bromley and Greater Manchester, as well as British Transport Police.
The idea is that Domestic Abuse Protection Orders (DAPOs) will become the main protective order for domestic abuse.
The police will be able to issue Domestic Abuse Protection Notices, similar to Domestic Violence Protection Notices that will be replaced by DAPOs withing 48 hours. The DAPN will enable immediate protection, while the police apply for the DAPO.
In the family courts, victims or third parties will be able to apply for a DAPO, and they are available in civil proceedings too. Local Authorities acting in relation to Child Protection might be bringing applications for example. There are many similarities with Non Molestation Orders (NMOs), but the existing orders will remain available for the foreseeable future, wording is likely to be similar in some respects, but broader. The expectation is the NMOs will be replaced by DAPOs. Occupation Orders, that regulate occupation of homes, would still have a place in the new regime.
The definition of victims is generally broader, this fits with the plan of having greater protection for victims, and the option of third parties making application is a significant broadening of current rules.
Children can only apply if over 16, and direct protection of children below that age is not possible with a DAPO, so Children Act orders will need to be part of protective measures.
DAPOs may well replace Restraining Orders currently imposed on conviction in domestic abuse cases.
The pilot is likely to see how new measures such as Electronic Monitoring (EM) and referral to behaviour changes providers work in practice.
As with NMOs, breach will be a criminal offence and individuals subject to DAPOs will need to notify the police of their names (plus aliases) and home address within 3 days of the DAPO being made.
Professionals will be watching these changes with interest, to see if this system is more coherent and offers better protection.
