Domestic Abuse Protection Notice and Order Pilot

Domestic Abuse Protection Notice and Order Pilot

For anyone experiencing domestic abuse of any kind (whether physical, mental, emotional or financial) there are a number of different injunctions and protective orders that can be sought through the courts in order to put a stop to the behaviour. Depending on the type of order sought, the court proceedings could fall under family laws, civil laws or criminal laws. Each process is very different and has its own cost complications.

In family proceedings the common injunctions sought are Non-Molestation Orders to prevent or cease certain behaviours by the perpetrator against the victim. The Court can also make Occupation Orders in which they determine who may live in a property to the exclusion of the other party.

In recent years the Domestic Abuse Act 2021 brought in the idea of police using Domestic Abuse Protection Notices (DAPN), which could be issued as a warning to a perpetrator immediately after an incident has occurred. The Act also introduced Domestic Abuse Protection Orders (DAPO) as a way to gain long term protection for the victim. This is a civil order that allows the police and magistrates’ courts to put immediate protective measures in place for victims without the need to charge the perpetrator.

Now the Government plans to launch a pilot in November 2024 in respect of DAPN’s and DAPO’s. The pilot will initially cover Greater Manchester, three Boroughs in South London (Croydon, Sutton and Bromley) alongside assistance from the British Transport Police. The aim of the pilot is to allow the Government to test this new and hopefully innovative order that will be available across criminal, family, and civil jurisdictions. The intention is for the DAPN/DAPO to be the go-to protective notice and order for all cases of domestic abuse. The DAPO can place firmer conditions on the perpetrator than other currently available protective orders, such as electronic monitoring (“tagging”) and positive requirements, for example mandating attendance on a behaviour change or substance misuse programme. Breach of a DAPO will also be a criminal offence.

Since it will be a while before the pilot reaches East Anglia, our family law solicitors will continue to help and support victims of domestic abuse any way we can Contact our family law team today to find out more at Kerseys Solicitors in Ipswich at [email protected] or telephone 01473 213311 or Kerseys Solicitors in Felixstowe at [email protected] on 01394 834557 or Kerseys Solicitors in Colchester at [email protected] on 01206 584584.