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Criminal Defence | England & Wales

Domestic abuse protection notices and orders

The new protective orders under the Domestic Abuse Act 2021, rolling out across England and Wales from 25 November 2026: what they do, how they are made and what breach means.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

A domestic abuse protection notice (DAPN) is issued by the police and takes effect immediately, typically barring contact or requiring someone to leave a home. The police must then apply to a magistrates' court for a domestic abuse protection order (DAPO), and the application must be heard within 48 hours of the notice. A DAPO can also be made by family, civil and criminal courts, can impose positive requirements such as electronic monitoring or attendance at a programme, and can last until further order. Breaching a DAPO is a criminal offence with a maximum of 5 years' imprisonment. After pilots since November 2024, the orders roll out across England and Wales from 25 November 2026.

Legal issues

The notice

Domestic Abuse Act 2021, Part 3. Issued by a senior police officer where there are reasonable grounds to believe abuse has occurred and a notice is necessary to protect the person.

The order

The court must be satisfied on the balance of probabilities that the person has been abusive and that the order is necessary and proportionate. Orders can include notification requirements to give the police your name and address.

Breach

Breach of a DAPO is an offence (section 39), with a maximum of 5 years on indictment. It can also be dealt with as contempt in the family or civil courts, but not both.

Older orders

DAPNs and DAPOs replace domestic violence protection notices and orders. Non-molestation and occupation orders under the Family Law Act 1996 remain available alongside them.

Evidence that matters

The court decides on the civil standard, so hearsay and police reports can be used. Your own evidence and documents can still make a real difference to whether an order is made and on what terms.

Reasonable lines of enquiry

Points to prepare

  • Your account of the incidents relied on.
  • Messages and records showing the context.
  • Practical effects of conditions, such as children, work and housing.

What happens next

A DAPO hearing usually follows within 48 hours of a notice. You can attend, give evidence and oppose the order or its terms. A criminal case may run separately.

Immediate steps

  • Comply with the notice strictly, including no indirect contact.
  • Arrange somewhere to stay if required to leave home.
  • Get advice before the court hearing.

What should you send us?

Send the notice or application, the hearing date and any messages or documents about the incidents.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We represent people responding to DAPO applications, argue about the terms and duration, and defend related criminal allegations. See criminal defence.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Is a DAPO a criminal conviction?

No. It is a protective order, but breaching it is a criminal offence.

Can I see my children if there is a DAPO?

That depends on the order's terms. Raise child arrangements at the hearing so conditions are workable and lawful.

How long does a DAPO last?

For a specified period or until further order. You can apply to vary or discharge it.

NEXT STEP

Get advice on a protection order

Hearings follow quickly. Call 0843 636 7687 or email [email protected].

Get advice on a protection order