The increase in domestic abuse rates across England and Wales in conjunction with an emerging understanding of more subtle forms of abuse such as coercive control has created a demand for legislative change. This demand has been met by the introduction of the Domestic Abuse Act 2021. Under section 1(3)(a) of the Domestic Abuse Act 2021, abusive behaviour is defined as:
- Physical or sexual abuse
- Violent or threatening behaviour
- Controlling or coercive behaviour
- Economic abuse
- Psychological, emotional or other abuse
Notably, the 2021 Act introduced Domestic Abuse Protection Orders (DAPOs), which impose prohibitions or alternatively, positive requirements on the perpetrator. Whilst the former aim to prevent the perpetrator from engaging in specified activities through the imposition of exclusion zones, the latter intend to address the cause of such behaviour by compelling the perpetrator to engage in behavioural programmes. Additionally, the perpetrator may be required to wear a tag to ensure that they are complying with the terms of the DAPO.
DAPOs are currently being piloted in specified locations across England and Wales including but not limited to Greater Manchester where domestic abuse rates are at an all-time high. The pilot study commenced in November 2024, with the first DAPO being imposed in Greater Manchester just one month later. They combine the strongest elements of previous protective orders in an attempt to protect victims of domestic abuse from more subtle forms of abuse. Upon national roll out, DAPOs will replace Domestic Violence Protection Orders (DVPOs) and notably, the period for which they are in place can be determined on a case-by-case basis as opposed to being limited to 28 days.
Despite the positive intentions behind the indefinite period for which DAPOs can remain in place, the context in which they are imposed is concerning from a defence perspective. Firstly, perpetrators can be subject to positive requirements irrespective of whether they have been convicted of a domestic abuse related offence, provided that the court deem them both necessary and proportionate to protect the victim. Notably, such a decision is made in accordance with the civil standard of proof as opposed to the criminal standard, arguably infringing upon the fundamental principles of criminal law. This is particularly concerning for those who are unrepresented at court due to the fact that breach of a DAPO is a criminal offence that is punishable with a fine or up to 5 years in prison.
At Stephensons, we have specialist criminal defence lawyers who can help navigate you through the often-complex legal system. We will explain the law to you in simple terms and apply the law to the circumstances of your case. Our expert team have been awarded Legal 500 tier one ranking, the highest, for its criminal defence work for the tenth consecutive year. If you are being investigated or have been charged with breach of DAPO, please do not hesitate to contact the team on 0161 696 6188 or complete one of our online forms and someone from the team will get in touch with you.
Blog author: Indira Sharma, Graduate Paralegal
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