Understanding Domestic Abuse Protection Orders
Domestic Abuse Protection Notices and Domestic Abuse Protection Orders are currently being piloted in certain areas, with police forces trialling the new government measures in cases where domestic abuse is alleged, or suspected. DAPNs and DAPOs are aimed to replace Domestic Violence
Protection Notices (DVPN) and Orders (DVPO), making applications more available and providing greater protective measures to those subjected to domestic abuse.
What is Domestic Abuse?
The Domestic Abuse Act 2021
states that abusive behaviour can consist of any of the following: physical or sexual abuse; violence or threatening behaviour; controlling or coercive behaviour; economic (financial) abuse; psychological, emotional or other abuse. This therefore, gives a wide range of behaviours which can fall under domestic abuse. The alleged behaviour must be towards another person who is personally connected to the accused and where both the accused and accuser are over the age of 16.
Many people have the impression that domestic abuse has to be a course of conduct however, it does not matter whether the behaviour consists of a single incident or has been taking place over a prolonged period.
Personal Connection
The following relationships are deemed to be considered a "personal connection" for cases concerning domestic abuse.
- Parties who are, or have been, married to each other;
- Parties who are, or have, civil partners of each other;
- They have agreed to marry one another (whether or not the agreement has been terminated);
- They have at any point entered in to a civil partnership
- They are, or have been, in an intimate personal relationship with each other;
- They each have, or there has been a time when they each have had, a parental relationship in relation to the same child;
- They are relatives
What is a Domestic Abuse Protection Notice (DAPN)
A DAPN is a notice which the police will issue to the accused to provide immediate protection to the person who is alleged to be subject to any form of domestic abuse. A DAPN can be issued by a police officer where they consider that there are reasonable grounds to believe that a person has been abusive towards another person which is aged 16 or over.
A DAPN will contain specific terms which will prevent contact between the parties, and can prevent the accused from going to a specific address, area or within a certain distance of it. Where the police issue a DAPN they will then go on to apply for a Domestic Abuse Protection Order (DAPO), this application will usually be heard by the Magistrates Court within 48 hours.
If within the 48 hour period the DAPN is breached by the accused then the police can arrest and hold the accused in custody until the application for DAPO is to be heard.
What is a Domestic Abuse Protection Order (DAPO)
A DAPO is a formal civil order made by the court to protect those alleged to be a victim of domestic abuse. The abuse does not have to be violent, it can be sexual, financial, controlling, emotional and psychological. Currently orders that set to protect victims of domestic abuse (DVPOs) can only be made by the Magistrates Court, the new DAPOs provide these powers to family and civil courts, widening the scope for the accused to fall subject to one where various proceedings are ongoing.
When deciding whether to impose an order the court will consider the evidence put before it to the civil standard of proof, the balance of probabilities. This is a much lower threshold than the court would apply in a criminal case and therefore, the court does is not required to be sure that the accused has committed any offence, just that there is a chance they pose a risk of abuse to the alleged victim and it is therefore necessary and proportionate to impose the order.
There is also no requirement for the accused to have been convicted of an offence, a person with a clean police record, with no criminal proceedings pending can be made subject to a DAPO.
What Restrictions Can be Imposed on a DAPO?
There are a range of powers the court have to fulfil their aim to protect an alleged victim of domestic abuse, there is not one particular restriction or condition the court have to impose and it can be a mix of both.
Prohibitions
Prohibitions are rules put in place to prevent a person from doing something. Common prohibitions in domestic abuse cases aim to stop the accused from coming within a specified distance of an address and to stop contact with the alleged victim.
Mandatory Notification Requirements
A DAPO will always include mandatory notification requirements. This means that the accused would have to register their name and address with the police within three days of the order being made, and keep the police updated whenever these details change.
Electronic Monitoring
The court can also consider imposing an electronic monitoring requirement by way of a tag. This is to ensure they follow the rules set within the order such as not entering a specific area or attending a specific place.
Positive Obligations
The court can place positive obligations on an accused person, to try and influence positive change of their behaviour. Positive obligations in cases concerning DAPO's may include attending a behavioural change programme and alcohol treatment programmes where it may be suggested that the abuse involves alcohol consumption.
How Long Does a DAPO Last?
Unlike DVPOs which were limited to a 28 day period, DAPO's have no minimum or maximum duration. The court will take into consideration the circumstances of each case and consider how long they believe a DAPO needs to last in order to protect the alleged victim from abuse or the risk of abuse. Orders can be in place 'until further order' which would require the accused to go back to court to apply for the order to end, this could be beneficial where a positive obligation has been put in place and the court will reconsider the order upon its completion.
What Happens if I Breach a DAPO?
Breach of a DAPO or any of its restrictions or positive obligations placed on the accused is a criminal offence. If it is alleged that a breach has occurred the police will investigate the matter and a decision will be made whether to prosecute. The maximum sentence for breaching a DNPO is five years imprisonment if convicted in the Crown Court. The maximum sentence in the Magistrates Court is 6 months imprisonment if the offence was committed before 2nd May 2022.
How Eventum Legal Can Help You
Our lawyers
specialise in representing individuals accused of domestic and sexual abuse. We understand the grave impact that can be had on a person subject to such orders and the stigma attached to be accused of domestic abuse. Our aim is always to prevent such orders being imposed, but where this is not possible we ensure the terms of the order are fair and proportionate. Each case must be assessed based on the personal circumstances of the accused, so spending time with our clients to put into place a clear and personable strategy would be our initial approach.
Contact our team
today to discuss your case.
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Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
