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Domestic Abuse Protection Notices (DAPN)  &  Domestic Abuse Protection Orders (DAPN)

Verena Jenagan (Student)

What is domestic abuse?

The Domestic Abuse Act 2021 defines abusive behaviour as :

  • Physical or sexual abuse
  • Violent of threatening behavior
  • Controlling or coercive behavior
  • Economic abuse
  • Psychological
  • Emotional

Domestic Abuse Protection Notice (DAPN)

A DAPN is a notice issued by the police in accordance with section 20 of the Domestic Abuse Act 2021 that prevents an abuser from abusing someone who is 16 years of age or older and has a personal connection to them.  For instance, they are or were married, were in a civil partnership, were in a relationship, or are related.   However, the offender must be at least eighteen years old.  The DAPN's aim is to offer immediate protection against all types of domestic abuse.  Whether the behaviour occurred in Wales or England is irrelevant. The British Transport Police, the Ministry of Defence Police, or police forces in England and Wales may issue a DAPN. The necessity of a DAPN to protect the victim from potential or actually occurring domestic abuse will be taken into consideration by the police. A police officer will apply for a DAPO (explained below) in addition to issuing a DAPN. The magistrates court will typically review a DAPO application within 48 hours. A DAPN is legally binding, and if its terms are not followed, the offender may be arrested and brought before a magistrate’s court.

Domestic Abuse Protection Order (DAPO)

The court may issue a DAPO, similar to the DAPN, to protect victims from all types of domestic abuse.  A judge may issue a DAPO while criminal, family, or civil actions are ongoing.  The police, a victim, or a "third party"—someone who is not personally involved, may also submit an application.  A friend, family member, or social worker could be considered a third party.

DAPOs are protection orders that can be used to place limitations and requirements on an offender, like

  • A regulation that forbids someone from doing something (a prohibition). For instance, this can involve preventing an offender from approaching a victim's home and/or any designated locations, like a place of employment.
  • Mandatory notification obligations are a part of a DAPO. Accordingly, an offender under a DAPO is required to provide the police with their name, address, and any changes to these.  Within three days of a DAPO being issued, the offender must first provide the police with their name and residence, and within three days of any modifications to these.
  • The court may choose to impose electronic monitoring, or "tagging," of an offender in order to keep an eye on whether they are adhering to certain DAPO regulations, such as those that prohibit them from approaching the victim's home within a set radius.
  • A positive requirement that requires the offender to take constructive action, like participating in a behavior modification program, may also be imposed by the court.

There is no minimum or maximum duration for a DAPO.  When the court issues a DAPO, it will determine the length of the order and take into account how long the order must last to protect a victim from abuse or danger of abuse.   It is also legally binding, and any violation of its regulations is referred to as a breach.  A DAPO violation is illegal and should always be reported.  You should call the police if you believe that any of the terms or regulations of a DAPO have been violated. When a DAPO violation is reported, the police will look into it and collaborate with the Crown Prosecution Service to determine whether to file criminal charges.  As the case develops, the police will keep you updated. The electronic monitoring company will notify the authorities by 10:00 am the next day if an offender violates their electronic "tag," for example, by going into a prohibited location.  After that, the police will determine what to do.  You should dial 999 if you are in danger because this action won't happen right away.  The police will provide you with a crime reference number when you report a breach.  In case you need to follow up, make a note of this.

Where is it available?

In North Wales  DAPNs and DAPOs are only available if the perpetrator lives in

  • Isle of Anglesey
  • Gwynedd
  • Conwy
  • Denbighshire
  • Flintshire
  • Wrexham

This means that if you are a victim of domestic abuse, you can file a DAPO application from anywhere as long as the abuser resides in the area mentioned earlier.  The police or the court will assist in determining your suitability for a DAPO if you are unsure of the perpetrator's residence.

Here at BULAC we can advise on matters relating to domestic abuse. If you would like an appointment please call 01248 388411 or email bulac@bangor.ac.uk