Policy background Civil protection orders
Sections 24 to 33 of the Crime and Security Act 2010 provide for domestic violence protection notices ("DVPNs") and domestic violence protection orders ("DVPOs"). They were implemented across England and Wales from 8 March 2014 following a one year pilot in the West Mercia, Wiltshire and Greater Manchester police force areas.
	A DVPN is an emergency non-molestation and eviction notice which can be issued by the police, when attending to a domestic violence incident, to a perpetrator. Because the DVPN is a police-issued notice, it is effective from the time of issue, thereby giving the victim the immediate support, they require in such a situation. Within 48 hours of the DVPN being served on the perpetrator, an application by the police to a magistrates’ court for a DVPO must be heard. A DVPO can prevent the perpetrator from returning to a residence and from having contact with the victim for up to 28 days. This allows the victim a degree of breathing space to consider their options with the help of a support agency. Both the DVPN and DVPO contain a condition prohibiting the perpetrator from molesting the victim. The Home Office has issued guidance to police forces on the operation of DVPNs and DVPOs.
	In addition to the DVPN and DVPO other civil orders, including restraining orders (as provided for by section 5 of the Protection from Harassment Act 1997), non-molestation orders (Part IV of the Family Law Act 1996) and occupation orders (Part IV of the Family Law Act 1996), can be made in varying circumstances. These orders differ in terms of who can apply for them, the courts in which the orders may be made, the conditions that may be attached to an order and the consequences of breach. This can lead to confusion for victims and practitioners in domestic abuse cases and problems with enforcement.
	The Government consultation proposed the creation of a new DAPN, which could be given by the police, and a DAPO, which could be made by the courts in a wide range of domestic abuse-related circumstances (not just in cases involving violence or the threat of violence). Part 3 of the Act provides for the DAPN, modelled closely on the existing DVPN, and for the DAPO which will have the following key features:
available in a variety of courts on application by the police, the victim, persons specified in regulations or any other person with the leave of the court;
available to protect a person from domestic abuse, or the risk of domestic abuse, carried out by another person to whom they are personally connected;
enables the imposition of any requirements (including, prohibitions, restrictions and positive requirements) on the perpetrator that are necessary to protect the victim; and
breach of a DAPO will be a criminal offence, punishable by up to five years’ imprisonment or a fine or both (or as a civil contempt of court, in the alternative).