On 27th November 2024, a new pilot was launched introducing law to help protect victims of domestic abuse. McAlister Family Law Solicitor, Georgina Howe, looks at how this new law can help to protect you if you have been the victim of domestic abuse or how you should respond to any application that is made against you.
New Law
The court can now make a Domestic Abuse Protection Order (DAPO) if a person has been subjected to abusive behaviour. This can consist of;-
- Physical abuse
- Sexual abuse
- Violent or threatening behaviour
- Controlling or coercive behaviour
- Economic abuse
- Psychological abuse
- Emotional abuse
- Other abuse
The court can make this order if an application is made or if there are ongoing family, criminal or civil proceedings.
An application can be made by the person themselves, by the police or by a 3rd party. A 3rd party could include a family member, friend or social worker. This means that someone else may make an application to the court on your behalf if they are concerned about your safety.
The order can only be applied for if the person you need protection from lives in;-
- Greater Manchester
- The London Boroughs of Croydon, Bromley or Sutton
What the order can do
The order is a protective order that can be used to impose restrictions and conditions onto a person who has perpetrated abuse.
The order can;-
- Stop someone from coming to or near to your home.
- Decide who can stay or return to your home.
- Order the person to attend a behavioural change programme.
- Order the person to wear an electronic tag to check that they are keeping to the conditions of the order.
The court will decide how long the order should stay in place for. There are no maximum or minimum time limits.
The order is legally binding and it is a criminal offence to breach the order. This means that there are serious implications and consequences of an order being made whether you are a person who needs protection from abuse or you are the alleged perpetrator.
What this means for you
If you are a victim of abusive behaviour, you should seek urgent legal advice. If the perpetrator of abuse lives in the areas that are set out above, our Solicitors can give you advice on applying for a Domestic Abuse Protection Order (DAPO),
If you are the alleged perpetrator of abuse and you have received a court application from the alleged victim, you should seek urgent legal advice. The court can discharge the order and it can also be appealed against. It is therefore important that you seek legal advice if you are a respondent to any application and you do not accept what is being alleged against you.
How we can help you
We recognise that the issues surrounding your case are of the upmost importance and that allegations of domestic abuse, whether you have experienced domestic abuse or allegations have been made against you, can have life changing consequences.
We can provide urgent legal advice on Domestic Abuse Protection Orders and what this means for you.
If you are currently involved in court proceedings within which domestic abuse is a factor that the court is being asked to consider, we are here to help. Contact a member of our team at [email protected]
If you have experienced domestic abuse, please consider our previous blog on the importance of obtaining a Clare’s Law and how you can protect yourself and your child. Clare’s Law 10 Years On | McAlister Family Law
