How Can Family Law Protect You Against Domestic Abuse?

Domestic Abuse Protection Notices and Orders are designed to protect people experiencing domestic abuse. Domestic abuse can include physical, sexual, emotional, psychological or economic harm, as well as violent or threatening behaviour.

These new measures are currently being piloted in specific areas of England and Wales and are due to be rolled out nationally on 25 November 2026.

The Difference between a DAPO and DAPN

A DAPN is a Domestic Abuse Protection Notice. The police can issue a DAPN to provide short-term protection following a domestic abuse incident. It is as an urgent measure, so you do not need to wait for a court hearing. The notice remains in place until the court can consider whether to make a DAPO. This must take place within 48 hours.

In contrast, a DAPO is a Domestic Abuse Protection Order, which will shortly be available in family, civil and criminal proceedings. It is made by the court and provides longer-term protection. You, the police, the court, or third parties such as family and friends, may apply for such an order. A DAPO can impose both prohibitions and positive requirements against the perpetrator.

Prohibitions may include for example:

• stopping the perpetrator from contacting you;
• preventing the perpetrator from coming to your home; or
• excluding the perpetrator from a specified area.

Positive requirements may include for example:

• attending a behaviour change programme;
• engaging with a substance misuse programme; or
• wearing an electronic tag.

How to Apply for a DAPO?

1. You can report the domestic abuse to the police. They can then decide whether a DAPN or an application for a DAPO is appropriate in your circumstances. However, if you believe you are at immediate risk of harm, you should contact the police straight away.
2. You can apply to the family court for a DAPO using form DA1.
3. A family member, friend or social worker may apply for a DAPO. They can report the abuse to the police or, with the court’s permission, apply to the family court.

If a DAPO has been made against you, you can apply to the court to appeal or vary the order.

When is a Non-Molestation Order needed instead?

A non-molestation order can prevent the perpetrator from contacting you, coming near your home or work, using or threatening violence, harassing you or causing you to be intimidated. The introduction of DAPOs and DAPNs will not remove the need for non-molestation orders; instead, they will give survivors of domestic abuse an additional route to protection.

There may be some overlay between the protections available under a DAPO and a non-molestation order. Both DAPOs and non-molestation orders can be made:

• on an urgent basis;
• without notice to the perpetrator;
• without a court fee; and
• legally binding, meaning that breaching either order is a criminal offence.

However, each order has a slightly different purpose. A non-molestation order is usually to stop specific behaviour, such as unwanted contact, whereas a DAPO can go further by including both prohibitions and positive requirements. This makes DAPOs more flexible and gives the courts wider powers to protect survivors of domestic abuse.

Where the main worry is harassment or inappropriate contact, rather than domestic abuse within a relationship, a non-molestation order may continue to be the more appropriate option.

If you have any queries regarding Non-Molestation Orders or DAPOs, or any other aspect of family law, please contact Lindsay Davies: lindsay.davies@fsp-law.com or contact our Family & Matrimonial Team.