Domestic abuse protection orders: a new line of defence

Mrs Justice Knowles – the Lead Judge for Private Law and Domestic Abuse and Family Presider on the Northern Circuit – came to our latest Regional Liaison Committee meeting to discuss how the new Domestic Abuse Protection Orders (DAPOs) are working to protect victims of domestic abuse. We caught up with her after the meeting to find out more.

Tell us about your involvement with this new measure

As the Lead Judge for Domestic Abuse, I’m often asked to lead on judicial involvement and preparation for implementation when there is a new initiative or law introducing new protections for victims of domestic abuse. When I was asked by the Senior Presiding Judge to lead a group of judges to prepare the ground for the domestic abuse protection order (DAPO) a little while ago, I was excited about the prospect of breathing life into the first major piece of legislation on domestic abuse injunctions that we have had since the Family Law Act 1996, and our tried and tested world of non-molestation orders.

What was so different about these new orders?

Part 3 of the Domestic Abuse Act 2021, which of course introduced these new provisions, is a truly ambitious piece of legislation. This is the first order in England & Wales that can be made available across our family, civil and criminal courts. The order cherry picks the strongest elements from the current regimes, that practitioners will recognise from family and criminal jurisdictions, and serves it up as a powerful new tool, where protection can be more tailored to victims’ needs, layer by layer.

In what way do these orders go beyond what we already have?

Those of you who have been in practise for some time will know just how important it is that we now have a statutory definition of domestic abuse, under s1 of the Domestic Abuse Act. So, we start with that – we no longer need to rely on an out-dated concept of molestation and pestering, trying to make this stretch to cover abuse such as controlling and coercive behaviour or economic abuse. For DAPO, as for all other measures in the Domestic Abuse Act, there can no longer be any doubt that all forms of abuse are caught and can be equally harmful. Then, we look at the requirements that a DAPO can impose – and these are significant compared to non-molestation orders. In addition to the usual restrictions, such as a ban on contact or exclusion zones, a DAPO can impose attendance on a perpetrator behaviour change programme, or require the respondent to wear an electronic tag, to make sure they’re complying with the order. Every DAPO automatically requires the respondent to notify their name and address to the police, and keep the police informed when these change. So, we try to deal with abuse from all different angles, while keeping the police more closely in the loop.

Who can apply for these orders and in which court?

This is where DAPOs are so unique – a victim can apply directly to the family court, in much the same way as for a non-molestation order. But additionally, any third party can also apply on victim’s behalf, in the family court, with leave of the court. Police must apply to the magistrates’ courts, and family, civil (county) and criminal courts can make a DAPO within other proceedings. The idea is that protection should be within touching distance, whenever it becomes necessary for the court to grant protection.

What are your views about how well these orders have been working so far?

These orders have so far been introduced in a few selected areas, starting with Greater Manchester, the London boroughs of Croydon, Bromley and Sutton, and with the British Transport Police last November, and have since been expanded to parts of the North East (Hartlepool, Middlesbrough, Redcar, Cleveland and Stockton-on-Tees) in March and to North Wales at the end of April. I am in contact with all the areas and have visited the Manchester courts. I have been impressed with how proactive the police forces have been, both in applying for DAPOs and dealing with breaches robustly, with a number of custodial sentences being handed down by the courts already. I would like to encourage all family practitioners to consider advising their clients to apply for a DAPO instead of a non-molestation order, wherever this is appropriate and available.

Why is it so important we see applications in the family court?

This is our golden opportunity to test how these orders work and to provide evidence to inform any future national roll-out. To watch, to learn and to see where improvements need to be made. This is particularly important in the family court, where we are dealing with vulnerable victims, who will be relying on you, their lawyer, to guide and advise, and to make them aware there is now a new line of defence against domestic abuse.

Applications in the family court can be made by completing form DA1 (and DA2 if seeking leave to apply) on GOV.UK Apply for a domestic abuse protection order in a family court – GOV.UK