The new pilot, that will help to combat violence against women and girls, will roll out next month.
The Government has announced that they will pilot the new Domestic Abuse Protection Notices and Domestic Abuse Protection Orders in November 2024 in an effort to reduce violence against women and girls (VAWG).
The pilot will run in specially chosen force areas such as Croydon, Sutton, Bromley and Greater Manchester. British Transport Police have also been identified as taking part in the pilot and thus also able to obtain these protective domestic abuse civil orders.
It is expected the pilot will continue for two years, after which it will be independently evaluated, and if deemed a success, rolled out nationally.
Background
VAWG is not a new phenomenon but the spotlight is firmly back on what the Government intends to do to tackle this priority issue.
There are already a number of civil protective orders available to protect victims of domestic abuse such as:
- Non-Molestation Orders (Family Courts)
- Occupation Orders (Family Courts)
- Restraining Orders (Criminal Courts)
- Domestic Violence Protection Orders (Civil/Magistrates Court)
Each offer a certain level of protection to the victim but each also have limitations – for example a DVPO can only last for a maximum of 28 days. Each type of existing order tends to address different issues and this often causes confusion as to which order should be applied for and by whom.
At present, no single order exists that can be applied for across the Family, Criminal and Civil Courts and thus the Domestic Abuse Protection Order seeks to fill that gap.
What are Domestic Abuse Protection Notices and Orders?
Domestic Abuse Protection Orders are designed to provide a comprehensive and heightened level of protection to victims against domestic abuse, (or a risk of domestic abuse), and empower authorities to take tougher action on breaching such orders.
They can be applied for by the police, the Crown Prosecution Service, victims directly, specified third parties and of the Court’s own volition. They are capable of lasting for a specified period or until a specified event – e.g. ‘until further order’.
It is anticipated that in the immediate aftermath of a domestic abuse incident, the police will issue a Domestic Abuse Protection Notice to the perpetrator which provides immediate protection from harm. The Notice will prevent the perpetrator from contacting the victim, coming to or entering the victim’s address, evicting or excluding the victim from their address and requiring the perpetrator to leave the address.
Within 48 hours, an application will be made to Court for the full Domestic Abuse Protection Order.
The Court must be satisfied, on the balance of probabilities, that the perpetrator has been abusive to the victim and that an order is necessary. ‘Abuse’ can be a single incident or a course of conduct. It includes any of the following: physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, psychological, emotional or other abuse.
Under Domestic Abuse Protection Orders, perpetrators can be required to comply with certain requirements, such as reporting to a police station regularly, wearing an electronic tag, observing a curfew, undertaking treatment for alcohol or substance abuse or a behavioural change programme. This is in addition to preventing contact with the victim as above making them the most comprehensive tool available to protect against further domestic abuse.
What will Weightmans be doing?
Weightmans have already been working closely with partner agencies to ensure the smooth transition into this pilot phase. In particular, our dedicated Police Team have provided best practice training to police forces involved in the pilot so that these orders can be obtained swiftly in the aftermath of a domestic abuse incident.
Our ongoing involvement will centre around maintaining regular communication with, training of and comprehensive advice to our police clients to ensure the highest standards are maintained from the outset.
To find out more about how we can help forces when it comes to protection orders and violence against women and girls, visit our page.