Domestic abuse in private family law cases: understanding DAPOs and DAPNs

25 November 2024 marked the start of the international campaign 16 Days of Activism against Gender-Based Violence. The Withers family team supported the campaign in various ways, offering free information and guidance calls to people suffering from domestic violence, and hearing from two inspirational speakers from the charity, Refuge. The week served as an important reminder that domestic abuse remains a pervasive issue for many of our clients, often complicating proceedings and impacting the efficacy of the family justice system in England and Wales.  

In the same week, Domestic Abuse Protection Orders (DAPOs) and Domestic Abuse Protection Notices (DAPNs) were introduced in certain areas of London (Croydon, Sutton and Bromley) and Greater Manchester, as pivotal legal instruments aimed at enhancing protection for victims and to ensure the safety and wellbeing of affected individuals. 

The Prevalence and Impact of Domestic Abuse in Family Law

Domestic abuse can manifest in various forms, including physical violence, emotional manipulation, financial control, and coercive behaviour. Actions which harm victims and also create a hostile environment that all too often affects the psychological and emotional development of children involved, whether or not the abuse is directed at them. I have seen a significant increase in the number of allegations of domestic abuse made by or directed against clients, over the last year, and this is in the context of divorce and financial proceedings, as well as private children proceedings. 

And we need only read Resolution's groundbreaking report into the interplay between domestic abuse and the treatment of finances on separation and divorce (October 2024) to know that this is the experience of many practitioners - of those family justice professionals surveyed for the report, almost three quarters of professionals considered domestic abuse was an issue between the parties in more than 21% of their cases. Almost 80% of respondents considered that domestic abuse economic abuse is not sufficiently taken into account in financial remedy proceedings and financial awards for children. The Report focussed on the need to better protect victims during court proceedings and beyond. 

The introduction of the Domestic Abuse Act 2021 marked a significant step forward in recognising and addressing the multifaceted nature of domestic abuse, defining it broadly as encompassing not only physical violence but also emotional and psychological abuse, coercive control, and economic abuse. By acknowledging the diverse ways in which abuse can manifest, the Act aims to provide more holistic protection for victims and survivors. Whilst there is an ongoing judicial debate about the current approach of the family courts to 'conduct' in financial remedy proceedings (being such that to be considered domestic abuse under the Act (s25(g) Matrimonial Causes Act 1973 there is a high hurdle (some would say barrier) to raising conduct as an issue in financial remedy proceedings, as is evident from the recent cases of Tsvetskov v Khayarova [2024] 1 FLR 937 and N v J [2024] EWFC 184)) some of the new protective measures it has introduced, will, it is hoped, provide immediate protection 'on the ground'.

Domestic Abuse Protection Orders 

This is because one of the cornerstone measures introduced by the Domestic Abuse Act 2021 is the Domestic Abuse Protection Order ('DAPO'). DAPOs are designed to offer flexible, immediate, and robust protection for victims of domestic abuse. Unlike previous protective orders, DAPOs can impose a wide range of conditions tailored to the specific circumstances of each case. These conditions may include prohibiting the abuser from contacting the victim, requiring the abuser to leave the family home, or mandating attendance at behaviour change programs.

DAPOs are protective orders issued by the court (with no court fee) and can be used to impose restrictions and conditions on a perpetrator of domestic abuse (preventing them from coming within a specified distance of a victim's home or requiring them to attend a behaviour change programme, for example). They can be applied for by victims themselves, and by third parties such as the police, local authorities, and specified organizations. This broad application mechanism is aimed at victims who may be reluctant or unable to seek protection directly. The court can issue an interim DAPO if immediate protection is needed pending a full hearing and since they can be extended and varied based on ongoing risk assessments, they offer longer-term protection. DAPOs have no minimum or maximum duration. They also have teeth. Breach is a criminal offense, carrying significant penalties, depending on their nature and scope. 

Enforcement of DAPOs is a critical component of their efficacy and the police have a central role to play in monitoring compliance and responding to breaches. 

Domestic Abuse Protection Notices 

Complementary to DAPOs are Domestic Abuse Protection Notices ('DAPN'). These are issued by the police to a perpetrator if that officer considers there are reasonable grounds to believe that a person has been abusive towards another person who is aged 16 or over. The perpetrator must be 18 or over and the two mut be personally connected (for example, they are or have been married or were in a relationship or are related)which provide immediate, short-term protection for victims in emergency situations. DAPNs contain specific instructions and can be issued by the police without prior court approval, allowing for swift intervention when there is an immediate risk of harm. These notices serve as a precursor to DAPOs, offering temporary relief while longer-term measures are put in place.

DAPNs can include prohibitions on the abuser contacting or approaching the victim, as well as exclusion from the victim's residence. The issuance of a DAPN triggers a mandatory court hearing within 48 hours, where a decision on a DAPO can be made. 

A DAPN is legally binding, and failure to follow its conditions could result in the perpetrator being arrested and brought before a magistrates’ court.

What it means for our clients?

If robust and adaptable protection for victims becomes a reality, these measures will enhance the family justice system's ability to respond to the nuanced realities of domestic abuse. That would, one hopes, lead to more equitable outcomes in family law cases. But the integration of DAPOs and DAPNs into family law proceedings also underscores the need for a coordinated, multi-agency approach to tackling domestic abuse. Collaboration between the family courts, the police, social services, and support organisations will be key if implementation and enforcement is to be effective. It's all about the holistic approach and wrap-around support that clients and their children need and that can only be welcomed.  

Information about how to seek emergency help can be found here. #YouAreNot Alone