New Domestic Abuse Protection Orders to be rolled out across England and Wales from 25 November 2026 – What do the changes mean for victims and survivors of domestic abuse?
From 25 November 2026, a significant change is being introduced to the way victims and survivors of domestic abuse can obtain legal protection in England and Wales. Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) will be rolled out nationally, giving the police and courts new powers to protect people experiencing domestic abuse.
The new measures, introduced under the Domestic Abuse Act 2021, are intended to provide stronger, more flexible and longer-lasting protection. They will also give the courts greater scope to impose restrictions on perpetrators, including requirements designed to address their behaviour.
For anyone experiencing domestic abuse, or concerned about the safety of a family member, it is important to understand what these changes mean, how the new orders work and how they might offer protection.
What is a Domestic Abuse Protection Order (DAPO)?
A Domestic Abuse Protection Order is a civil court order designed to protect someone from domestic abuse, or the risk of domestic abuse, by imposing legally binding conditions on the person responsible for the abusive behaviour.
Unlike some existing protective orders, a DAPO is intended to provide a more comprehensive approach to protection. It can address different forms of domestic abuse, including:
- Physical and sexual abuse.
- Threatening, intimidating or violent behaviour.
- Controlling or coercive behaviour.
- Psychological and emotional abuse.
- Economic abuse, including controlling or restricting someone’s access to money.
- Other abusive behaviour recognised under the Domestic Abuse Act 2021.
Importantly, domestic abuse does not have to involve physical violence. Someone experiencing coercive control, financial restrictions, harassment or intimidation may also be able to seek protection.
A DAPO can be tailored to the circumstances of the individual case, allowing the court to impose conditions it considers necessary and proportionate to protect the victim.
What conditions can a DAPO impose?
One of the most significant features of a DAPO is the flexibility it gives the court. Depending on the circumstances, the court may impose restrictions preventing the perpetrator from doing certain things, as well as requirements compelling them to take positive steps. Restrictions could include:
- Preventing the perpetrator from contacting the victim, whether directly or indirectly.
- Requiring the perpetrator to stay away from the victim’s home, workplace or other specified locations.
- Imposing exclusion zones around particular addresses or places.
- Preventing the perpetrator from engaging in specified behaviour towards the victim.
The court can also impose positive requirements. These may include requiring the perpetrator to attend a behaviour change programme or participate in a substance misuse programme where appropriate.
In suitable cases, the court may impose electronic monitoring, commonly known as tagging. This can help monitor compliance with certain restrictions, such as a requirement not to enter a specified exclusion zone.
Every DAPO must also contain notification requirements. The person subject to the order must provide their name and address to the police within three days of the order being made and notify the police of any subsequent changes within three days.
The purpose is to provide a more effective and tailored response to domestic abuse, rather than relying solely on restrictions preventing contact or physical proximity.
Who can apply for a DAPO?
One of the important developments is that applications for DAPOs will be possible through different routes. An application may be made by:
- The police.
- The person experiencing domestic abuse.
- A third party, such as a family member, friend, social worker or other appropriate individual, subject to the applicable court permission requirements.
A DAPO may also be made by the court of its own initiative during certain existing proceedings.
For example, the Family Court may consider making a DAPO during ongoing family proceedings where domestic abuse becomes apparent, and the court considers that protection is necessary.
This is particularly important for people who are already involved in family proceedings concerning divorce, children or financial arrangements. They may not necessarily need to begin an entirely separate set of proceedings for the court to consider whether a DAPO is appropriate.
The availability of different application routes is intended to ensure that protection is not dependent solely on whether the victim has reported the abuse to the police or whether criminal proceedings have been commenced.
Do you need to have reported domestic abuse to the police?
No. A criminal conviction is not required before a court can make a DAPO. A DAPO is a civil protective order, rather than a criminal sentence. The court can make an order where it is satisfied that the statutory conditions are met and that the order is necessary and proportionate to protect the victim from domestic abuse or the risk of domestic abuse. This is an important distinction. A person may have experienced controlling, coercive, threatening or financially abusive behaviour without the police having brought criminal proceedings.
The absence of a criminal conviction does not, in itself, prevent an application for a DAPO.
What is a Domestic Abuse Protection Notice (DAPN)?
A Domestic Abuse Protection Notice is a separate measure which can be issued by the police to provide immediate protection following an incident of domestic abuse.
Where the police consider that the relevant legal conditions are satisfied, a senior police officer can authorise a DAPN. It can impose immediate restrictions on the alleged perpetrator, such as requiring them to leave the victim’s home or prohibiting contact.
A DAPN is intended to provide short-term protection while the police seek a longer-term DAPO.
Where a DAPN is issued, the police must apply for a DAPO. The application must generally be heard by the Magistrates’ Court within 48 hours, excluding Sundays and bank holidays.
This provides an opportunity for the court to consider whether longer-term protection is required and what conditions should be imposed.
How long does a DAPO last?
Unlike some existing protective measures, a DAPO does not have a fixed minimum or maximum duration. The court will decide how long the order, and any individual requirements within it, should remain in place, taking into account the circumstances of the case and the protection required.
This flexibility is particularly important where the risk of domestic abuse is ongoing, and protection may be needed for an extended period.
What happens if someone breaches a DAPO?
A DAPO is legally binding. Failure to comply with its conditions is a criminal offence. Depending on the circumstances, a breach can result in prosecution, a fine or imprisonment of up to five years.
This is an important feature of the new regime. It means that the conditions imposed by the court are not simply recommendations: they must be followed, and breaches can have serious consequences.
Anyone who believes that a DAPO has been breached should report the matter to the police. If there is an immediate risk of harm, they should contact the emergency services.
How do DAPOs differ from Non-Molestation Orders?
Non-Molestation Orders have long been an important form of protection available through the Family Court under the Family Law Act 1996. They can prohibit someone from using or threatening violence, intimidating, harassing or pestering another person, and can include restrictions on contact.
DAPOs introduce a different and broader framework.
While both types of order can provide important protection, DAPOs have some additional features, including:
- The ability to impose both prohibitions and positive requirements.
- The possibility of electronic monitoring.
- Availability through the family, civil and criminal courts.
- No fixed minimum or maximum duration.
- Mandatory police notification requirements.
A breach of either a Non-Molestation Order or a DAPO can have criminal consequences.
Importantly, DAPOs are not intended to remove the availability of Non-Molestation Orders, Occupation Orders or other existing protective measures. These will remain available. The appropriate order will depend on the circumstances and the protection required.
In some cases, a Non-Molestation Order may remain the most appropriate route. In others, a DAPO may offer additional or more suitable protection.
It is therefore important to obtain legal advice about the options available before deciding which application to pursue.
What does the national rollout on 25 November 2026 mean?
DAPNs and DAPOs have been piloted in selected areas since November 2024, including Greater Manchester, certain London boroughs, Cleveland and North Wales, as well as through the British Transport Police.
The national rollout from 25 November 2026 represents an important development because the new framework will be extended across England and Wales.
Previously, access to DAPOs was restricted by the geographical scope of the pilot. The national rollout is intended to make these protective measures available much more widely.
The changes will also mean that the new orders can be considered across the different court jurisdictions, rather than being confined to one particular type of legal proceeding.
The Government’s intention is for DAPNs and DAPOs to become a central part of the legal framework for protecting victims and survivors of domestic abuse.
How can we help?
Experiencing domestic abuse can be frightening, isolating and overwhelming. It is not always easy to recognise that behaviour is abusive, particularly where it involves coercive control, emotional manipulation or financial abuse rather than physical violence.
If you are concerned about your safety, or the behaviour of a former or current partner, obtaining early legal advice can help you understand your options and take appropriate steps to protect yourself and, where relevant, your children.
At Branch Austin McCormick, we advise clients on domestic abuse and family law matters, including Non-Molestation Orders, Occupation Orders and other protective measures. We can explain the options available; help you understand whether a DAPO may be appropriate and advise you on the steps involved in seeking protection through the Family Court.
If you are experiencing domestic abuse, you do not have to deal with the situation alone. Caroline Ford has extensive experience in this area and all aspects of family law. If you would like to speak with Caroline Ford to discuss your circumstances confidentially and find out how we can help, contact her directly: cf@branchaustinmccormick.com or 020 7851 0102 or 0759 759 1900 or alternatively, please do not hesitate to contact another member of our Family Law Team 020 7851 0100.
