Domestic abuse can have a serious and lasting impact on every aspect of a person’s life. In situations where someone is at risk of abuse, the law provides a number of protective measures that can help safeguard victims and prevent further harm.
Domestic Abuse Protection Orders (DAPOs) are intended to provide flexible protection for victims of domestic abuse by allowing the court to impose restrictions and positive requirements on the person responsible for the abuse. Although these orders were introduced by the Domestic Abuse Act 2021, they have not yet been fully implemented across England and Wales and are currently being introduced through a phased pilot programme.
This guide explains what Domestic Abuse Protection Orders are, how they work and what protection is currently available for victims of domestic abuse in Wales.
Initial Telephone Discussion
For an initial telephone discussion, please call us on 01286 872779 or email admin@winrowsolicitors.co.uk and we will be in touch shortly. We advise clients across England and Wales.
What is a Domestic Abuse Protection Order
A Domestic Abuse Protection Order is a civil court order designed to protect individuals who are experiencing domestic abuse or who are at risk of further abuse.
Once fully implemented, a DAPO will replace several existing forms of protection by creating a single order that can be tailored to the circumstances of each case. The court will be able to impose conditions that prohibit certain behaviour or require the person subject to the order to take positive steps, such as attending behaviour change programmes where appropriate.
The purpose of the order is to provide effective protection for victims while helping to reduce the risk of future abuse.
Are Domestic Abuse Protection Orders Available in Wales
At present, Domestic Abuse Protection Orders have not been fully introduced across Wales.
The Domestic Abuse Act 2021 provides the legal framework for DAPOs, but their introduction is taking place through a pilot scheme before they become available more widely. Until the scheme is expanded, victims in Wales will usually rely on existing legal remedies, including non-molestation orders and occupation orders where appropriate.
The available legal protection will depend on the individual circumstances of each case.
Who Can Apply for Protection
Once fully implemented, applications for a Domestic Abuse Protection Order may be made in a number of ways.
Once fully implemented, a victim of domestic abuse may be able to apply directly to the court. In some situations, the police may also apply for an order, while the court may have the power to make a DAPO during existing civil, family or criminal proceedings where it considers that protection is necessary.
This flexible approach is intended to ensure that victims can obtain protection through different routes depending on the circumstances.
What Can a Domestic Abuse Protection Order Include
A Domestic Abuse Protection Order can be tailored to meet the needs of the individual case.
Depending on the circumstances, the court may prohibit the person subject to the order from:
- Contacting the victim
- Attending the victim’s home or workplace
- Approaching specified locations
- Encouraging another person to contact or intimidate the victim on their behalf
The court may also require the individual to take positive steps where appropriate, provided these requirements are reasonable and proportionate.
Any conditions included within the order will depend on the evidence before the court and the level of protection required.
What Happens if a Domestic Abuse Protection Order is Breached
Breaching a Domestic Abuse Protection Order can have serious consequences.
The Domestic Abuse Act 2021 provides that a breach of a DAPO may amount to a criminal offence once the order is fully implemented. This means that the police may have powers to arrest an individual suspected of breaching the order and criminal proceedings may follow where appropriate.
The court may also deal with breaches through its civil enforcement powers depending on the circumstances.
What Protection is Currently Available
Until Domestic Abuse Protection Orders are fully available across Wales, victims can still seek legal protection through existing court orders.
These may include:
- Non-molestation orders to prevent abusive or threatening behaviour
- Occupation orders regulating who can live in or enter the family home
- Injunctions in appropriate civil proceedings
- Protective measures available within the criminal justice system
The most appropriate option will depend on the nature of the abuse, the relationship between the parties and the level of immediate risk.
The Importance of Legal Advice
Every domestic abuse case is different and obtaining the correct legal protection often depends on the individual circumstances.
Legal advice can help identify the most appropriate form of protection, explain the application process and ensure that urgent action is taken where necessary.
Where immediate risk exists, emergency applications may be available to provide protection without delay.
How We Can Help
We regularly advise clients on the legal remedies available to protect individuals experiencing domestic abuse. Our team provides clear advice on the options available and can assist throughout the application process.
We offer:
- Advice on the legal protections available
- Assistance with applications for non-molestation and occupation orders
- Guidance on emergency applications where appropriate
- Representation throughout court proceedings where required
How to Get in Contact
If you need advice about domestic abuse or protecting yourself or a member of your family, please contact our specialist team.
For an initial telephone discussion, call us on 01286 872779 or email admin@winrowsolicitors.co.uk
