Part 3: Powers for dealing with domestic abuse Section 29: Applications where domestic abuse protection notice has been given
This section covers the steps to be taken by the police to apply for a DAPO following issue of a DAPN. This follows on from the requirement set out in section 28(3) for a chief officer of police to apply to a magistrates’ court for DAPO once a DAPN has been issued.
	Subsections (2) and (3) require that the application for a DAPO must be heard in a magistrates’ court within 48 hours (excluding Sundays and bank holidays) of the DAPN being issued.
	Subsections (4) to (6) cover the steps to be taken to give the perpetrator notice of the DAPO hearing. Under subsection (4), notice of the hearing must be given to the perpetrator. If the perpetrator gave an address for the purposes of service at the point of issue of the DAPN, then the notice is deemed given if it is left at that address. Where no address has been given by the perpetrator, then under subsection (6) the court may still hear the application if satisfied that reasonable efforts have been made to give the perpetrator notice of the hearing.
	Where a court adjourns the hearing of an application for a DAPO, the DAPN is to continue to have effect until the application for a DAPO is determined by the court or is withdrawn (subsection (7)). Where the perpetrator has been arrested for breach of a DAPN and is brought before a court, subsection (8) enables the court to remand the perpetrator whether in custody or on bail and the provisions in section 28 apply.