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.