A New Domestic Abuse Protection Order Pilot Scheme is to be piloted in Greater Manchester, Gwent, Croydon, Bromley and Sutton from November.
The Ministry of Justice wrote to professionals in September announcing the launch of the trial scheme, which it is hoped, will provide domestic abuse victims greater security.
What is a Domestic Abuse Protection Order?
A Domestic Abuse Protective Order (DAPO) was introduced by the Domestic Abuse Act 2021. It is a civil protective order that will be piloted by police forces in the aforementioned areas.
These orders will be made in civil courts but a breach of the order will be a criminal offence therefore affording victims and survivors of domestic abuse greater protection. The maximum penalty of a breach of a DAPO is imprisonment of up to five years and/or a fine.
A DAPO may prevent a perpetrator of domestic abuse from the following:
- Being violent towards you or your children
- Damaging or threatening to damage property
- Preventing access to joint assets
- Making reference to you on social media indirectly or directly
- Communicating with you or your children directly
- Going to certain locations (your property, place of work, children's school)
The list provided above is not exhaustive.
A DAPO may also require the individual subject to the DAPO:
- Wear an electronic tag
- Undertake rehabilitation programmes in relation to alcohol, substance misuse or behavior
- Abide by a curfew
- Report to a Police Station on a regular basis
DAPOs can be provided for a flexible duration so that longer-term protection can be provided where it is deemed necessary and proportionate to do so. A DAPO also carries a notification requirement meaning that the individual the order is made against is required to notify the police of their name and address as well as any changes to the provided information.
How do I Apply for a Domestic Abuse Protection Order?
An application for a DAPO can be made by the individual who is seeking the protection of the order or by a third party. The individuals that a DAPO can be made against must be personally connected to the individual who is seeking the order for example by being married, civil partners, engages, parents, having parental responsibility or have been in an intimate personal relationship (past and present).
You can only apply for a DAPO if you are 16 years old or over. A DAPO can only be made against a perpetrator who is aged 18 or over.
Third parties such as social workers and charities can also make an application on behalf of the victim of domestic abuse for a DAPO.
During the pilot scheme, the perpetrator must live within the named localities in order for a DAPO to be made but the victim can live outside this region.
How do I Fund My Application for a DAPO?
The Legal Aid Agency has stated that Legal Aid will be available for both applicants and respondents for DAPOs. The Legal Aid application is both means and merits tested.
Means Test
This looks at the individual's income and capital; financial assessment.
Merits Test
This is an assessment to ascertain the likelihood of success in making the application and the benefit that you would receive.
How Can Duncan Lewis Help Me?
At Duncan Lewis, we can help you apply for DAPOs by assisting you with the following:
- Will assist you in obtaining Legal Aid if you are eligible by making an application to the Legal Aid Agency
- Will help you draft your application
- Will assist you in drafting your statement
- Will correspond on your behalf with the other parties and legal representatives
- Will represent you at court hearings
Duncan Lewis understands the sensitive nature of domestic abuse and the importance of protecting and supporting victims. Our solicitors offer Legal Aid services to victims of domestic abuse and can advise how to tackle abuse within the law, including advising on controlling or coercive behaviour, domestic abuse between partners or spouses, same sex partners, child-parent domestic abuse, elder abuse, domestic abuse between friends or flatmates, and financial abuse.
Our Manchester Family and Childcare team are experienced in dealing with domestic abuse matters.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.