Understanding Domestic Abuse Protection Orders
Domestic Abuse Protection Notices and Domestic Abuse Protection Orders are currently being piloted in certain areas, with police forces trialling the new government measures in cases where domestic abuse is alleged, or suspected. DAPNs and DAPOs are aimed to replace Domestic Violence
Protection Notices (DVPN) and Orders (DVPO), making applications more available and providing greater protective measures to those subjected to domestic abuse.
What is Domestic Abuse?
The Domestic Abuse Act 2021
states that abusive behaviour can consist of any of the following: physical or sexual abuse; violence or threatening behaviour; controlling or coercive behaviour; economic (financial) abuse; psychological, emotional or other abuse. This therefore, gives a wide range of behaviours which can fall under domestic abuse. The alleged behaviour must be towards another person who is personally connected to the accused and where both the accused and accuser are over the age of 16.
Many people have the impression that domestic abuse has to be a course of conduct however, it does not matter whether the behaviour consists of a single incident or has been taking place over a prolonged period.
Personal Connection
The following relationships are deemed to be considered a "personal connection" for cases concerning domestic abuse.
- Parties who are, or have been, married to each other;
- Parties who are, or have, civil partners of each other;
- They have agreed to marry one another (whether or not the agreement has been terminated);
- They have at any point entered in to a civil partnership
- They are, or have been, in an intimate personal relationship with each other;
- They each have, or there has been a time when they each have had, a parental relationship in relation to the same child;
- They are relatives
What is a Domestic Abuse Protection Notice (DAPN)
A DAPN is a notice which the police will issue to the accused to provide immediate protection to the person who is alleged to be subject to any form of domestic abuse. A DAPN can be issued by a police officer where they consider that there are reasonable grounds to believe that a person has been abusive towards another person which is aged 16 or over.
A DAPN will contain specific terms which will prevent contact between the parties, and can prevent the accused from going to a specific address, area or within a certain distance of it. Where the police issue a DAPN they will then go on to apply for a Domestic Abuse Protection Order (DAPO), this application will usually be heard by the Magistrates Court within 48 hours.
If within the 48 hour period the DAPN is breached by the accused then the police can arrest and hold the accused in custody until the application for DAPO is to be heard.
What is a Domestic Abuse Protection Order (DAPO)
A DAPO is a formal civil order made by the court to protect those alleged to be a victim of domestic abuse. The abuse does not have to be violent, it can be sexual, financial, controlling, emotional and psychological. Currently orders that set to protect victims of domestic abuse (DVPOs) can only be made by the Magistrates Court, the new DAPOs provide these powers to family and civil courts, widening the scope for the accused to fall subject to one where various proceedings are ongoing.
When deciding whether to impose an order the court will consider the evidence put before it to the civil standard of proof, the balance of probabilities. This is a much lower threshold than the court would apply in a criminal case and therefore, the court does is not required to be sure that the accused has committed any offence, just that there is a chance they pose a risk of abuse to the alleged victim and it is therefore necessary and proportionate to impose the order.
There is also no requirement for the accused to have been convicted of an offence, a person with a clean police record, with no criminal proceedings pending can be made subject to a DAPO.
What Restrictions Can be Imposed on a DAPO?
There are a range of powers the court have to fulfil their aim to protect an alleged victim of domestic abuse, there is not one particular restriction or condition the court have to impose and it can be a mix of both.
Prohibitions
Prohibitions are rules put in place to prevent a person from doing something. Common prohibitions in domestic abuse cases aim to stop the accused from coming within a specified distance of an address and to stop contact with the alleged victim.
Mandatory Notification Requirements
A DAPO will always include mandatory notification requirements. This means that the accused would have to register their name and address with the police within three days of the order being made, and keep the police updated whenever these details change.
Electronic Monitoring
The court can also consider imposing an electronic monitoring requirement by way of a tag. This is to ensure they follow the rules set within the order such as not entering a specific area or attending a specific place.
Positive Obligations
The court can place positive obligations on an accused person, to try and influence positive change of their behaviour. Positive obligations in cases concerning DAPO's may include attending a behavioural change programme and alcohol treatment programmes where it may be suggested that the abuse involves alcohol consumption.
How Long Does a DAPO Last?
Unlike DVPOs which were limited to a 28 day period, DAPO's have no minimum or maximum duration. The court will take into consideration the circumstances of each case and consider how long they believe a DAPO needs to last in order to protect the alleged victim from abuse or the risk of abuse. Orders can be in place 'until further order' which would require the accused to go back to court to apply for the order to end, this could be beneficial where a positive obligation has been put in place and the court will reconsider the order upon its completion.
What Happens if I Breach a DAPO?
Breach of a DAPO or any of its restrictions or positive obligations placed on the accused is a criminal offence. If it is alleged that a breach has occurred the police will investigate the matter and a decision will be made whether to prosecute. The maximum sentence for breaching a DNPO is five years imprisonment if convicted in the Crown Court. The maximum sentence in the Magistrates Court is 6 months imprisonment if the offence was committed before 2nd May 2022.
How Eventum Legal Can Help You
Our lawyers
specialise in representing individuals accused of domestic and sexual abuse. We understand the grave impact that can be had on a person subject to such orders and the stigma attached to be accused of domestic abuse. Our aim is always to prevent such orders being imposed, but where this is not possible we ensure the terms of the order are fair and proportionate. Each case must be assessed based on the personal circumstances of the accused, so spending time with our clients to put into place a clear and personable strategy would be our initial approach.
Contact our team
today to discuss your case.
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Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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