Family Lawyer Victoria Aked continues to look at the new Domestic Abuse Act 2021 which became law on 29 April 2021.
The Domestic Abuse Act now allows the Family Court to make a Domestic Abuse Protection Order (“DAPO”) in any family law proceedings where Party A (“the victim”) and Party B (“the perpetrator”) would be parties. This means, for example, that a DAPO may be made during Children Act proceedings.
The Court will need to find that it is “more likely than not” that Party B has been abusive to Party A and that it is necessary and proportionate to make an DAPO to protect Party A from domestic abuse, or the risk of domestic abuse, perpetrated by Party B.
DAPOs vary from other family law injunctions in that the Court has the discretion to order that electronic monitoring equipment is worn by Party B and also, the Court may impose a requirement upon Party B i.e. to complete an addiction or perpetrator programme.