*The following is in relation to domestic abuse statistics, definitions and remedies (DAPNs and DAPOs).*
The prevalence of domestic abuse
According to the Office for National Statistics, in the year ending March 2025, approximately 9.1% of females and 6.5% of males were the victims of domestic abuse. A significantly higher percentage of females than males were victims of most abuse types in that year. The victim was female in 72.1% of domestic abuse-related crimes and 69.6% of victims of domestic homicide were female. An estimated 12.5 million people aged 16 years and over had experienced domestic abuse since the age of 16 years equating to a prevalence rate of approximately one in four people aged 16 years and over.
A study from 2018 showed that more than one in ten LGBT people (11 per cent) had faced domestic abuse from a partner in that last year.
Whilst there has been a limited amount of research regarding the domestic abuse-related experiences of trans individuals, a study conducted by the Scottish Transgender Alliance in 2010 produced findings which demonstrated that up to 80% of trans people have experienced emotional, sexual or physical abuse from a partner or ex-partner, with only 60% of these individuals recognising this as domestic abuse.
What is apparent across the board, is that domestic abuse is prevalent across all demographics. To access the appropriate support, it is important to understand what is meant by the term ‘domestic abuse’ and what remedies are available in response to it.
What is domestic abuse?
Under the new law, a broad definition for domestic abuse has been provided, identifying it as –
- ‘Abusive behaviour’ directed from one individual to another
- Both of whom are over the age of 16 and are ‘personally connected’
To address the latter criteria first, parties may be ‘personally connected’ either through –
- Marriage/civil partnership (past or present)
- An agreement to marriage/civil partnership (past or present)
- An intimate personal relationship (past or present)
- Shared parental responsibility over the same child (past or present)
- A familial relation
In regard to what qualifies as ‘abusive behaviour’, the following has been included –
- Physical or sexual abuse
- Violent or threatening behaviour
- Controlling or coercive behaviour
- Economic abuse (i.e., behaviour substantially and adversely effecting one’s ability to acquire, use or maintain money/other property; or obtain goods or services)
- Psychological, emotional or other abuse
Given the inclusion of “or other abuse”, this list is non-exhaustive, therefore, other behaviours may still qualify as perpetrating domestic abuse.
Furthermore, whilst a perpetrator may exhibit such behaviours repeatedly, a singular incident would suffice as meeting the criteria for domestic abuse under the new law. Additionally, the behaviour need not necessarily be made directly towards the victim, e.g., in circumstances where the victim’s child is the recipient of the perpetrator’s abuse, this would still qualify as domestic abuse against the associated parent.
There are a number of remedies available to the family court to protect victims of domestic abuse. These include Non-Molestation Orders and Occupation Orders. In certain pilot areas Domestic Abuse Protection Notices and Domestic Abuse Protection Orders are also available.
What are Domestic Abuse Protection Notices and Orders (DAPNs and DAPOs)?
Domestic Abuse Protection Notices and Orders (DAPNs and DAPOs) are civil protection measures which are currently being piloted across a handful of locations in England and Wales. Their purpose, as the name suggests, is to protect victims of domestic abuse from their perpetrator. During the current trial phase, such recourse is available in the regions of Greater Manchester, Croydon, Bromley, Sutton, Cleveland and North Wales. During this trial, it is the perpetrator who must reside in one of these locations for a DAPO application to be brought, whilst the victim can theoretically be based outside of this area. Nevertheless, the abusive behaviour may take place anywhere, including outside of England and Wales.
Domestic Abuse Protection Notices (DAPNs) are police issued notices which provide temporary yet immediate protection for a victim of domestic abuse. Once a DAPN has been served, a Domestic Abuse Protection Order (DAPO) must be applied for by the police, which provides more long-term protection to the victim. Whilst a DAPO must be applied for following a DAPNs issue, a DAPO can also be made in the absence of a DAPN. In such instances, the DAPO will provide long-term protection independently. Stand-alone DAPO applications can be made by the victim, the Chief Officer of police, or any other individual with leave of the court. A court may also grant a DAPO during proceedings without an application having been made.
DAPNs are issued by the police where they reasonably believe that an individual has been abusive towards a person to whom they are personally connected, and they have reasonable grounds to believe that a DAPN would be necessary to protect the victim from domestic abuse/a risk of domestic abuse.
A DAPN can impose various conditions upon a perpetrator of domestic abuse, which include –
- Preventing a perpetrator from contacting the victim;
- Preventing a perpetrator from coming within a specified distance of the victim’s home/other location frequented by the victim in England and Wales; and
- Regulating the perpetrator’s home rights in instances where the parties live at the same address.
Regulating the home rights may prevent a perpetrator from evicting/excluding the victim from their premises, prevent a perpetrator from entering the premises and/or require them to leave the premises. Such protection under a DAPN lasts for 48 hours, during which the police must apply for a DAPO and simultaneously secure a corresponding hearing.
It should be reiterated, however, that a DAPO can be made independently of a DAPN being served.
DAPOs are granted by the court where they are satisfied on the balance of probabilities that an individual has been abusive towards someone to whom they are personally connected, and the order is necessary and proportionate to protect the victim from domestic abuse/a risk of domestic abuse from the perpetrator.
The protection offered under a DAPO is even broader than that given under a DAPN, with the court being granted the discretion to implement any requirements that it deems necessary to protect the victim from domestic abuse/a risk of domestic abuse. Such conditions imposed upon the perpetrator would thus include the prohibitions and restrictions permitted under a DAPN, and more. Positive requirements, obligating the perpetrator to engage in particular acts, such as attending a course/programme, may also be imposed. Electronic monitoring may also be required to ensure adherence to any geographical prohibitions/restrictions.
