Domestic Abuse
Protection Orders

If you are experiencing domestic abuse, you may apply to the court for a Domestic Abuse Protection Order (‘DAPO’).

A DAPO may be made by any court (family, civil or criminal) to protect victims from all forms of domestic abue, including non-physical abuse and controlling or coercive behaviour. Applications can be made by individuals affected, or by someone who is not directly involved known as a ‘third-party’. A third-party could include a family member, friend or social worker.

A Domestic Abuse Protection Order (‘DAPO’) is a protective order and can be used to impose restrictions and conditions on a perpetrator of domestic abuse.

• a prohibition is a rule that prevents a person from doing somehting. For example, this could include stopping a perpetrator from coming within a specified distance of a victim’s home and/or any specified premises such as a workplace.
• a DAPO will also have mandatory notification requirements. This means that a perpetrator, who is subject to a DAPO, must tell the police their name and address and notify the police of any changes to these.
• the court may impose electronic monitoring, known as ‘tagging’ on a perpetrator to monitor whether they are following the rules of the DAPO.  Please note that ‘tagging’ is an option open to the court but will be subject to availability of equipment.
• the court may impose a positive requirement that requires the perpetrator to take action, for example attending behaviour change programmes.

A DAPO has no minimum or maximum duration.  The court will consider how long the DAPO needs to last to protect a victim from abuse, or the risk of abuse and will state the duration when making the order.

A DAPO is legally binding and breaking any of its rules is known as a breach.  Breach of a DAPO is a criminal offence and should always be reported.  If you are aware that any of the conditions or rules of a DAPO have been broken, you should contact the police.

When a breach of a DAPO is reported, the police will investigate it and work with the Prosecutor to decide whether the case will be charged as a criminal offence. 

There are various ways you can apply for or request a DAPO:

• you can report domestic abuse to the police and request that they issue a Domestic Abuse Protection Notice, or apply for a Domestic Abuse Protection Order on your behalf.  The police will decide whether a DAPN is needed initially.
• you can apply to the courts for a DAPO yourself.  To do so you will need to complete a DA1 court form and accompanying statement.
• If you are and the person you are seeking protection from are already involved in proceedings, other than criminal proceedings, you can apply directly to that court using the DA1 form and supporting statement.
• If there is a criminal case against the perpetrator for another offence that affected you, the court can also make a DAPO for your protection, regardless of whether the perpetrator has been convicted or acquitted for that offence.

A ‘third party’ can apply for a DAPO on someone else’s behalf.  A third-party is someone who is not directly involved in the abuse. For example, this could be a family member, a friend or a social worker. As well as reporting domestic abuse to the police, a third-party can make an application to the court provided they have the court’s permission to do so.  To apply for permission, the third-party will need to complete and file form DA2. 

A third-party may seek any requirement which may be considered necessary to protect a victim from domestic abuse or the risk of domestic abuse.  The court will consider these requests when making a DAPO.

If you are a victim of domestic abuse, a DAPN or DAPO may be used or applied for on your behalf and for your protection. In some circumstances, a DAPN will be given or a DAPO will be made without your consent if it is believed you are at risk of harm.

If you are already involved in another court case, the court may make a DAPO if the court decides it is necessary to protect you. The court can do this even if the case does not relate to domestic abuse. The court will consider your views before doing so.

The law also allows the police to issue a DAPN or make a DAPO application to protect you. They will do this if they consider the perpetrator has been abusive towards you or you are at risk of abuse. The police have a duty to consider your views before proceeding.

When the police apply for a DAPO on your behalf, they may ask you whether you would like to submit oral or written evidence to support their application. Any evidence submitted may be considered by the court at the hearing. If the police apply for a DAPO on your behalf, you cannot be compelled to attend the court hearing, unless you have submitted evidence.

If a DAPO is coming to an end soon, and you’re concerned about your safety, you can contact the police or a domestic abuse support service. You or the police can apply to change (vary) the order to make it last for longer. If the order has already ended, you or the police can apply for a new order.

You can apply to the court that made the order to change it or to bring it to an end (known as discharge). Ask the court that made the DAPO how to do this.

You can also appeal against a DAPO. Ask the court that made the DAPO how you can appeal.

You may want to get legal help or advice if you don’t agree with a DAPO or want to change it.