Understanding Domestic Abuse Protection Orders; A Guide to Safety & Support

Reading Time: 5 minutes

Understanding Domestic Abuse Protection Orders; A Guide to Safety & Support

Posted: December 5, 2025

Domestic abuse effects 1 in 4 women and 1 in 6 men in England and Wales and is considered an epidemic, having a wide impact in society.

Protective orders play an important role in keeping the victim-survivor safe and are granted in both the civil and criminal courts. They mainly consist of keeping the abuser away from the person for a period of time, enabling them respite from the abuse, and providing the space to begin long term recovery and access emotional and practical support. Non-molestation Orders, Domestic Violence Protection Orders and Restraining Orders are currently the main protective orders for domestic abuse, with Domestic Abuse Protection Orders (DAPOs) being the newest addition.

What is a DAPO?

A Domestic Abuse Protection Order (or DAPO for short), like Non-molestation Orders and Restraining Orders, prohibit the abuser from doing certain things for a period of time, such as communicating with and contacting the victim-survivor, harassing, threatening and approaching them, posting things on social media or turning up at their property.

DAPO’s are obtained under the Domestic Abuse Act of 2021, an act of parliament put in place by government to move towards a society that has a zero tolerance towards domestic abuse, provide further protection to victims, and strengthen measures to tackle perpetrators. Within the Act, a statutory definition of domestic abuse has been written and distributed which makes it clear domestic abuse is not limited to physical violence. Also under the Act, the abusive incident can be a single event or repeated patterns of abuse between those aged 16 and over who are ‘personally connected’ meaning they are either a current or former partner, related to each other, or had or have parental responsibilities in relation to the same child.

DAPO’s have been built on current Domestic Violence Protection Orders, which is a civil order that only the police can put in place to keep the abuser away, with or without the victims consent and can last for up to 28 days.

The DAPO pilot started in Nov 2024 and is expected to last for 2 years before being rolled out nationally. The pilot areas are Greater Manchester, Cleveland, three London boroughs (Bromley, Croydon and Sutton), and North Wales. British Transport Police can also apply for a DAPO if the abuser resides in a pilot area.

Who can apply for a DAPO?

The application eligibility is one of the things that make the DAPO unique. A Non-molestation Order is obtained by the victim at their local Family or County Court, and a Restraining Order is put in place by a judge in the Crown or Magistrates court at the end of criminal proceedings upon conviction or acquittal.

The DAPO, however, can be obtained by the police via a Magistrate’s court, with or with-out consent of the victim-survivor. A person can apply for a DAPO themselves via their local Family or County Court, either with a family law solicitor representing them (legal aid funding is available) or self-representing as a litigant in person. Third party organisations and concerned family and friends can also obtain a DAPO on the victim’s behalf with the local Family or County Court’s permission. Judges can also put a DAPO in place if they believe it is required during a civil court case or at the end of criminal proceedings.

Are DAPO’s and Non-molestation Order’s similar?

Yes, in some ways, being that it is obtained by a judge who will grant the order if they find it to be proportionate and necessary to protect that person and keep the abuser away. Eligibility is similar that the victim-survivor and abuser must be a current or former partner, family member, or someone with parental rights and responsibilities and there has been a recent incident or reason why the order is required.

Also, the terms are similar – not to contact, approach, intimidate, or threaten. Also similar, is the time of which the orders are put in place, which are on average a year, but can be shorter (being 6 months) or longer (up to indefinitely) and determined by the judge. There are no court costs, and it can be obtained with or without the abuser’s knowledge (known as ex-parte, emergency application, or without notice). If obtained this way, however, the abuser has the right to contest the order if they feel it is unfairly being put in place. If the order is breached it is a criminal offence, which can lead to a custodial sentence of up to five years and/or a fine.

What are the differences?

An application to court for a DAPO can be made by the Police, the victim-survivor themselves, a third-party organisation, concerned family and friends or the judge themselves during court proceedings. A DAPO can be obtained with or without the victim’s consent.

There are less restrictions in obtaining a DAPO than for a non-molestation order. For example, a DAPO can be obtained if it is the ‘first abusive incident’. There is also no ‘significant duration’ for the length of the intimate relationship the victim and abuser have been in, which for a non-molestation order may be over 3 months, however this is not set in stone in the Family Law Act and can be case dependant. There is no limited time frame to apply for a DAPO after the incident whereas with a Non-Molestation order, something has to have happened in the last 2 months.

Extra enforcements can be put in a DAPO if required, such as electronic monitoring (tagging) of the abuser for up to 12 months at a time. Positive requirements can also be applied for i.e. the abuser attending a drug or alcohol service/treatment or a behaviour change programme, if suitable, and the perpetrator agrees. Within 3 days of the DAPO being served onto the abuser they must report to the local police station and provide their name and address, known as a ‘Mandatory Notification’. During this time the police may also take fingerprints and photographs. Failure to attend will be an automatic breach of the DAPO.

The DAPO can also include provisions found in an Occupation order such as excluding the abuser from the family home and/or allowing the victim back into it.

Because a DAPO is obtained under the Domestic Abuse Act 2021, the order is for the victim-survivor only, and they have to be over 16 years of age and the abuser over 18. Unlike a non-molestation order, a DAPO doesn’t include the children. In a situation where the children also require protection, the victim has the option of a Non-Molestation order, or a DAPO can be applied for and an additional order for the children under section 8 of the Children’s Act i.e. a Prohibited Steps Order.

Obtaining a DAPO in one of the pilot areas

During the pilot the perpetrator must live in a piloting police force area. The incident can happen anywhere, and victim can live anywhere. Also during the pilot the victim or third party will have to apply and attend the court in the pilot area where the abuser resides to obtain the DAPO. This can be done remotely for the victim’s safety.

DAPO’s and NCDV’s findings

The new DAPO’s, once rolled out nationally, are likely to sit within the landscape of other orders available for those experiencing domestic abuse. Having the scope widened for who can apply for the order is certainly useful, as it takes the onus away from that person to obtain an order, especially if they fear any repercussions from the abuser or anyone connected to them.

DAPO’s are more flexible as they can be put in place after the very first incident instead of having to have a history of abuse to prove the orders necessity. However, at NCDV we find those seeking orders want to also protect their children, and despite the Domestic Abuse Act 2021 recognising that children witnessing, hearing or impacted by domestic abuse are considered as victims in their own right, they are not protected in a DAPO. It is for the victim-survivor only, and exclusion zones tend to be available for their residence only.

As a result, we are finding most people are choosing to go down the Non-Molestation route instead. We sincerely hope this aspect will be considered during the pilot evaluation, so we don’t miss this opportunity for the DAPO to become a flexible and useful tool in the response to domestic abuse.

Julia Gatie

Training Team Manager, NCDV

This blog is for general information only and does not constitute legal advice.