A Domestic Abuse Protection Order (DAPO) is a protective order designed to protect individuals...
A Domestic Abuse Protection Order (DAPO) is a protective order designed to protect individuals aged 16 and over from domestic abuse.
Introduced under Part 3 of the Domestic Abuse Act 2021, DAPOs are intended to operate across all court jurisdictions — including family, civil and criminal courts — and bring together the key features of existing protective orders into a single, more flexible framework.
DAPOs are currently being piloted in a number of areas across England and Wales and are expected to become more widely available in due course.
What is a DAPO used for?
DAPOs are used to protect a person from domestic abuse by placing restrictions or requirements on another individual. They can address a wide range of behaviour, including physical, emotional and controlling conduct, depending on the circumstances of the case.
Who can apply for a DAPO?
Applications for a DAPO can be made by the individual seeking protection. In some cases, applications may also be made by the police, certain third parties or the courts themselves.
One of the key features of a DAPO is that it can be accessed through different routes depending on the situation.
Background and purpose
Before the introduction of DAPOs, a number of different protective orders were available, including:
- Non‑molestation orders
- Occupation orders
- Domestic Violence Protection Orders (DVPOs)
- Restraining orders
These orders operate within different legal frameworks, with varying eligibility criteria and enforcement mechanisms. As a result, identifying the most appropriate form of protection was not always straightforward.
DAPOs are intended to provide a more consistent and flexible framework by combining these protections into a single order.
Do you need to apply through a specific court?
No. A DAPO can be made in family, civil or criminal proceedings. This allows the court to deal with protection in the context most appropriate to the case, rather than requiring a separate application in a different jurisdiction.
Legal framework
A court may make a DAPO where it is satisfied that:
on the balance of probabilities, a person has been abusive towards an individual aged 16 or over to whom they are personally connected; and
the order is necessary and proportionate to protect that person from domestic abuse or the risk of it
The concept of being “personally connected” is broadly defined and does not require a lengthy or cohabiting relationship.
The definition of domestic abuse is also deliberately wide and includes:
- physical abuse
- sexual abuse
- emotional abuse
- coercive or controlling behaviour
- economic abuse
What can a DAPO include?
DAPOs are designed to be flexible and can include a range of conditions depending on what is necessary in each case.
Flexible duration
There is no fixed minimum or maximum duration. The court will determine how long the order should remain in place based on what is considered necessary and proportionate.
Prohibitions and restrictions
A DAPO may include prohibitions such as:
- preventing contact with the person protected
- imposing exclusion zones
- requiring a person to leave a shared property
Positive requirements
A DAPO may also include positive requirements, requiring a person to take specific steps, such as attending a behaviour change programme.
A responsible person must be identified to oversee compliance.
Electronic monitoring (tagging)
DAPOs are the first civil protective order to allow for electronic monitoring.
This may include location tracking, exclusion zones or curfews, where this is considered necessary and proportionate.
How long does a DAPO last?
A DAPO does not have a fixed duration. The court will decide the appropriate length based on the circumstances of the case. Different parts of the order may also apply for different periods of time.
Notification requirements
A person subject to a DAPO must notify the police of their name and address within three days of the order being made, and must notify the police of any changes within three days.
What happens if a DAPO is breached?
Breach of a DAPO without reasonable excuse is a criminal offence.
This may result in:
- up to five years’ imprisonment
- an unlimited fine
- or both
A breach may also be dealt with as a civil contempt of court.
Protection involving children
DAPOs apply directly to individuals aged 16 and over.
However, children may be protected indirectly through protection given to an adult, and the court must consider the welfare of any child affected when deciding whether to make an order.
Are DAPOs available everywhere?
DAPOs are currently being piloted in selected areas. During the pilot period, eligibility is linked to certain police force areas, although the person seeking protection does not need to live in the same location.
A developing framework
DAPOs represent a significant change in how protective orders are structured and applied.
By combining existing measures into a single framework and introducing features such as electronic monitoring and positive requirements, they provide a more adaptable and consistent approach to protection.
As the pilot progresses, DAPOs are expected to become a central feature of domestic abuse protection in England and Wales.
Speak to our Family team
If you would like to discuss Domestic Abuse Protection Orders or your situation more generally, our Family team can assist.