Being served with a Domestic Abuse Protection Order (DAPO) can be a deeply unsettling experience. These orders, intended to protect individuals from domestic abuse, are powerful legal tools and are set to become the “go to protective order for domestic order for domestic abuse”. However, being the subject of a DAPO can bring disruption to your life, by imposing severe restrictions on you even when you have not been convicted of a crime.
If you believe a DAPO has been unfairly imposed on you, it is essential to understand your rights and the options available to challenge the order in court.
What Is A DAPO, And Why Are They Issued?
A Domestic Abuse Protection Order is a civil order issued by the magistrates’ court. It is usually preceded by a Domestic Violence Protection Notice (DAPN) issued by the police in the immediate aftermath of a domestic incident. The police can serve a DAPN without the consent of the alleged victim, based on their assessment that the individual is at risk of further violence or abuse.
The DAPO extends the DAPN’s restrictions and does not have a maximum or minimum duration, unlike DVPO’s. The key consideration for the court when faced with a DAPO application from the police is whether the order is “necessary” to protect the alleged victim. If it is found to be necessary then the court can place restrictions on you aimed at preventing your contact with the alleged victim. The court can also impose positive requirements as part of the order, for example; completion of an anger management course.
DAPO’s can also result in an electronic monitoring requirement, however this cannot be in effect for longer than 12 months without a further application to the court.
DAPOs also carry mandatory notification requirements (Section 41). A person subject to a DAPO must notify the police of their name and address and any changes within 3 days beginning the day the order was made. Any changes must also be notified within 3 days of the change.
Can You Legally Challenge A DAPO?
Yes, it is entirely possible to challenge a DAPO, but the window of opportunity is narrow, and the process is fast-moving. Once a DAPN is issued, the police must apply to the magistrates’ court for a DAPO within 48 hours (excluding weekends and public holidays). This hearing is your first and most crucial opportunity to contest the order.
At the hearing, the court will decide whether to impose a DAPO at the hearing based on the evidence presented. The burden of proof is on the balance of probabilities, not beyond reasonable doubt as in criminal cases. This means that when considering the evidence the court must find that it is more than likely than not that an incident has occurred which makes it necessary for an order to be made to protect the alleged victim.
You have the right to attend this hearing and to be represented by a lawyer. You can present evidence, cross-examine witnesses, and argue that the DAPO is unnecessary or proportionate in your case.
If the court is not satisfied that the conditions for granting the order are met, it may decide not to impose it.
What Kind of Evidence Is Used In Court?
The police will usually rely on statements taken at the scene of the incident, body-worn camera footage, and any relevant background information about previous call-outs or reported concerns. In some cases, they may also submit written statements from the alleged victim, although this is not always necessary.
You have the right to submit your own evidence. This could include your own account of events, witness statements from people who were present, or evidence that contradicts the version of events put forward by the police.
Legal representation can help you identify the most useful types of evidence and ensure that your side of the story is presented clearly.
Can A DAPO Be Appealed?
Yes, a DAPO can be appealed by the person whom the DAPO is made against. An appeal against an order made by the Magistrates’ Court must appeal to the Crown Court, or to the Court of Appeal if appealing from the Crown Court.
Before determining an appeal, the court must hear from any relevant chief officer of police who wishes to be heard (Section 47). The “relevant officer” is:
- where the order was made on an application by a chief officer of police, that chief officer;
- the chief officer of police of the force maintained for any police area in which the person (“P”) against whom the order was made, or (in the case of an appeal against the decision of a court not to make an order under section 28) against whom it was sought, resides;
- the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it.
A successful appeal may result in several outcomes per section 47(4). The court may, on a review of the decision appealed against:
- confirm, vary or revoke any part of the decision;
- refer the matter back to the court that made the decision with a direction to reconsider and make a new decision in accordance with its ruling;
- make any order which the court that made the decision appealed against could have made;
- make any incidental or consequential orders that appear to it to be just.
What Happens If You Breach A DAPO?
It is a criminal offence to breach a DAPO, specifically:
- breach a requirement of a DAPO without reasonable excuse,
- fail to comply with the notification requirements without reasonable excuse or give false information to the police,
- fail to comply with the electronic monitoring requirements
- fail to keep in contact with the person responsible for monitoring compliance with the conditions
The offence is an either-way offence, if convicted of a breach in the Magistrates Court the penalty ranges from a fine to a term of imprisonment. If the breach is particularly serious and the case is sent to the Crown Court a sentence of up to 5 years imprisonment can be imposed.
The Importance of Legal Representation
If you are facing a DAPO application, you should seek legal advice immediately. A lawyer can help you understand the potential consequences, assess the strength of the police evidence, and assist you in preparing your case.
They can also speak on your behalf in court, cross-examine police witnesses, and protect your rights.
Legal aid may be available in some cases, particularly if the DVPO could lead to homelessness or restrict access to children. Even if legal aid is unavailable, some law firms offer fixed-fee packages or payment plans for representation in DAPO hearings.
Don’t underestimate the seriousness of a DAPO just because it is a civil order. It can affect your housing, employment, parental rights, and reputation. Having an experienced lawyer on your side can make a critical difference in the outcome of your case.
What to Expect After the Hearing
If the DAPO is not granted, you can return to your everyday life, although police may continue to monitor the situation. If the DAPO is imposed, you must comply fully with its terms and fulfil your reporting obligations.
Do You Need to Challenge A DAPO? Call Eventum Legal Today!
Being served with a Domestic Abuse Protection Order is a serious legal issue that requires swift and informed action.
Although DAPO’s are designed to protect alleged victims, they can have significant consequences for those they are imposed upon, particularly if the allegations are disputed or the process is not fully understood.
If you believe the DAPO is unjust or disproportionate, you can and should challenge it at the court hearing. With the right legal support and preparation, it is possible to defend against the order and protect your rights successfully.
If you’re facing a DAPO and need expert advice or representation, don’t delay. Speak to a lawyer who specialises in domestic abuse defence and take the first step towards securing a fair outcome.