Part 3: Powers for dealing with domestic abuse Section 35: Provision that may be made by orders
This section sets out the types of conditions that may be imposed by a DAPO.
	Subsections (1) and (2) provide that a DAPO may include any requirements, both prohibitions and restrictions, that the court thinks are necessary to protect the victim from the various forms of domestic abuse set out in the definition of domestic abuse in section 1 or the risk of such abuse. This could include, for example, specific requirements to protect the victim from physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, or psychological, emotional or economic abuse.
	Subsection (3) provides that whilst subsections (4) to (6) contain examples of the type of provision that may be made by a DAPO, they are not to be taken as exhaustive. The examples covered by subsections (4) to (6) include prohibitions relating to occupation of premises, contact with the victim and electronic monitoring. A court may decide that other requirements, such as requiring the perpetrator to attend a behavioural change programme or drug or alcohol treatment programme, may be necessary to protect the victim from domestic abuse.
	Subsection (4) specifies that a DAPO may prohibit the perpetrator from contacting the victim (this relates to all forms of contact, including online contact) or prohibit the perpetrator from coming within a specified distance (as specified in the DAPO) of the premises lived in by the victim. A DAPO may also prohibit the perpetrator from coming within a specified distance of any other premises specified by the court, or any other premises of a specified description. This will include, for example, any place where the victim may commonly be found, such as the victim’s place of work, place of worship, or their children’s school.
	Subsection (5) specifies that where the perpetrator and the victim share living premises, the DAPO may: prohibit the perpetrator from evicting or excluding the victim from the premises; prohibit the perpetrator from entering the premises; or require the perpetrator to leave the premises. Such provision may be made irrespective of who owns or rents the premises.
	Subsection (6) provides that a DAPO may include a requirement for the perpetrator to submit to electronic monitoring in order to monitor the perpetrator’s compliance with other requirements imposed by the order. This may include, for example, electronic monitoring of the perpetrator’s whereabouts to monitor his or her compliance with restrictions on their proximity to the victim’s home or to the victim themselves. This may also include the electronic monitoring of alcohol consumption, in order to monitor compliance with a requirement not to consume alcohol.