How the Law Can Protect You

1. How it protects you.

Usually forbids an abuser from:

Using or threatening physical violence. Intimidating, harassing or pestering you. Communicating with you (if appropriate).  It will also forbid an abuser to instruct or encourage others to do these acts.

In some circumstances, it can also include a clause preventing the abuser from coming within a certain distance of your home

Typically granted for 6 – 12 months. Arrestable offence if breached.

2. When you can apply.

Applicant and Respondent are associated persons

This is determined by s.62(3) of the Family Law Act 1996 and covers most relationships, including:

• Partners and former partners
• Family relations (including in-laws)
• People who live(d) together
• People who have children together

The recent use or threat of violence would enable you to make an emergency application. This usually means an incident within the last week (this may be extended if there have been bail conditions or the respondent has been in prison etc).

1. How it protects you.

Regulates the family home, such as:

• Suspending rights to occupy or visit
• Evicting an abuser from the home
• Preventing an abuser from returning
• 100 metres protection around the home in certain circumstances 
• Can be granted for 6-12 months
• A power of arrest can be attached in certain circumstances 

2. When you can apply.

• Applicant and Respondent are associated persons under the FLA 1996 (see above)
• Respondent has somewhere else to live (this is not always strictly necessary)
• Recent use or threat of physical violence

Recent use or threat of physical violence → contact us immediately.

1. How it protects you.

• Forbids someone with parental responsibility from taking your child away from your care and control
• This order is particularly appropriate when the person threatening to take away your child(ren) is ordinarily allowed to have care and control of them.
• No power of arrest attached though police may assist informally or if ordered to do so by the Court. Enforceable in the County Court as contempt of court.
• Does not necessarily prevent all contact between the child(ren) and the respondent if appropriate in the circumstances and does not wholly remove a parent’s responsibility for the child(ren)

2. When you can apply.

• Applicant has parental responsibility under the Children Act 1989 (this includes all mothers and many others)
• Respondent has parental responsibility under the Children Act 1989 
• The child is under the age of 16
• Respondent has made a recent direct or indirect threat to remove a child from your care and control
• Respondent has recently removed your child from your care and control, or attempted to do so, or made a direct or indirect threat to do so – within the last seven days.
• It is in the best interests of the relevant child(ren) with regard to their overall welfare.

Recent threat to take your child → contact us immediately

The Domestic Abuse Protection Order (DAPO) is a significant legal measure introduced by the Domestic Abuse Act 2021 in the United Kingdom. The pilot of the new DAPO is due to start in the next few months in a number of test areas.

What is the purpose of a DAPO?

The purpose of a DAPO is to provide immediate and long-term protection for victims and survivors of domestic abuse. It will offer more comprehensive safeguards than current orders contain, thus better protecting victims and survivors.

How will it work?

There are two components that make up the DAPO. The first is a Domestic Abuse Protection Notice (DAPN). This is a civil notice issued by the police immediately after an incident of domestic abuse and it requires the perpetrator to stay away from the victim’s home for 48 hours.

The Domestic Abuse Protection Order (DAPO) is a flexible, long-term order that provides ongoing protection. This can be recognized and applied for in both the criminal and the civil court.

Breach of a DAPO will be a criminal offence and will carry a maximum of up to five years in prison, a fine, or both.

DAPO’s will protect victims from all forms of domestic abuse, including non-physical abuse and coercive controlling behaviour. They can have various clauses e.g. staying away from a victim’s home, not contacting the victim in any way including via social media and could also include positive requirements such as attending behaviour change programmes. The court will also be able to use electronic tagging in order to monitor compliance of the DAPO.

Who can apply for a DAPO?

Anyone can apply! The Police can apply to the magistrate’s court for a DAPO. Victims and survivors can also apply directly to the family court. The Courts can also apply for DAPO’s as part of existing proceedings, even if they are not related to domestic abuse.

Although it may be quite some time before the new DAPO’s are rolled out across England and Wales, and as with every new piece of legislation or law, there will no doubt be some teething problems, it is hoped that they will eventually enhance protection, hold perpetrators to account and empower victims and survivors which will contribute to a safer environment for those people affected by domestic abuse and violence.