Part 3: Powers for dealing with domestic abuse Section 22: Power to give a domestic abuse protection notice
This section creates a power for a police officer to issue a Domestic Abuse Protection Notice ("DAPN") and sets out the conditions and considerations that must be met in order for the police to issue a DAPN. The purpose of a DAPN is to secure the immediate protection of a victim of domestic abuse from future domestic abuse carried out by a suspected perpetrator. A DAPN prohibits the perpetrator from abusing the victim and, where they cohabit, may require the perpetrator to leave those premises. It may also prohibit the perpetrator from coming within a specified distance of the premises where the victim lives.
	As a form of civil preventative measure, the issue of a DAPN and Domestic Abuse Protection Order ("DAPO") does not constitute a finding of guilt, but for convenience and to aid understanding of the purpose of these notices and orders, this commentary on Part 3 refers to the person against whom a notice is given or an order is made as the "perpetrator" and the person whom the notice or order is designed to protect as the "victim".
	The issue of a DAPN triggers a police-led application for a DAPO in a magistrates’ court. This is an order which can include prohibitions and requirements necessary to protect the victim from future domestic abuse or the risk of domestic abuse and assist in preventing the perpetrator from carrying out further domestic abuse. Sections 27 to 49 deal with DAPOs.
	Subsection (1) creates the power for a senior police officer (that is, an inspector or above) to issue a DAPN. The power is available to the 43 territorial forces in England and Wales, the British Transport Police and Ministry of Defence Police.
	Subsection (2) sets out that a notice will be used to protect the victim from domestic abuse committed against them by the perpetrator.
	Subsections (3) and (4) set out the test for issuing a DAPN. A DAPN may be issued where the police officer has reasonable grounds for believing that, firstly, the perpetrator has been abusive towards a person aged 16 or over to whom the perpetrator is personally connected (such abuse may have occurred outside England and Wales (subsection (5)), and that, secondly, the issue of a notice is necessary in order to secure the protection of the victim from domestic abuse or the risk of domestic abuse. "Domestic abuse" is defined in section 1 and "personally connected" in section 2.
	Subsection (6) sets out that the notice may not be given to a person who is under the age of 18.
	Subsection (7) provides that a requirement imposed by a DAPN will have effect throughout the UK. So, for example, if a DAPN required the perpetrator not to make contact in any way with the victim, the perpetrator would breach the DAPN by sending a text message or e-mail while they were in Scotland. Such breach would constitute an offence in England and Wales.