Domestic abuse and violence against women and girls (VAWG) have reached record levels in the UK, triggering a heightened national and political response. On average, the police receive a call every 30 seconds related to domestic abuse, a figure that underscores the urgent and widespread nature of the issue. Yet this alarming volume is just the tip of the iceberg, as it is estimated that only one in five victims come forward to report abuse to law enforcement.
The significance of the issue has prompted experts and campaigners to label it as a ‘national emergency’ and a major public health crisis. It is now at the forefront of policing and government scrutiny, with widespread calls for systemic reform. An ongoing review is underway to examine the effectiveness of current policing responses and legal tools available.
The UK Government has pledged to halve the number of VAWG cases being reported, meaning the national conversation is shifting, and there is a growing collective will to better protect victims and hold perpetrators accountable.
Police protection: options available
The police have a range of protective legal powers they can use to safeguard victims of domestic abuse. These vary in scope, application process, and duration
Restraining Orders
- Who applies and when: the Crown Prosecution Service (CPS), rather than the police directly, usually after a criminal court case. Can be applied for on conviction or acquittal.
- Purpose: designed to prevent further harassment, intimidation or fear of violence. Common conditions of the order include no contact with the victim, staying away from certain addresses, or not entering a geographical area.
- Legal test:
- if the perpetrator is convicted — for the purpose of protecting the victim from conduct which amounts to harassment or will cause a fear of violence;
- if the perpetrator is acquitted or the CPS discontinue the case — is an order necessary to protect from harassment from the perpetrator
- Duration: typically lasts for 12 months, though can be extended depending on risk and severity.
Domestic Violence Protection Orders (DVPOs)
- Who applies and when: the police, usually after an arrest for a domestic incident.
- Purpose: provides emergency short-term protection for victims while criminal investigations continue, or if they cannot continue due to limited evidence. Can be in addition to bail conditions.
- Legal test: whether or not the perpetrator has used or threatened violence towards the victim and if so, is an order necessary to protect the victim?
- Duration: can last up to 28 days.
Stalking Protection Orders (SPOs)
- Who applies and when: police, during the course of stalking investigations or prosecutions.
- Purpose: to protect victims from behaviours such as persistent messaging & phone calls, turning up uninvited, following the victim, or contacting friends/family to monitor the victim’s movements.
- Legal test: must show that the perpetrator has carried out acts associated with stalking. Does the penetrator pose a risk of stalking another person? If so, the court must find reasonable cause to believe the order is necessary.
- Duration: can last a minimum of two years, with courts often issuing for between two to 10 years depending on severity.
Family law protection: options available
The Family Court can also provide essential routes for protection, especially when police intervention isn’t sufficient or where criminal evidence thresholds cannot be met.
Non-Molestation Orders
- Purpose: prevent a person from using or threatening violence, harassing, pestering, intimidating, or contacting the applicant (and children).
- Eligibility: the applicant and perpetrator must be “associated persons” under the Family Law Act 1996 for example former partners, family members, or co-parents.
- Scope: can prohibit the abuser from coming within a certain distance of homes, schools, or workplaces. Also have the option to make emergency applications for when a victim needs urgent protection without notifying the perpetrator.
- Enforcement: any breach of the order is a criminal offence, punishable by arrest and prosecution.
Read more about non-molestation orders.
Occupation Orders
- Purpose: determine who can live in or enter the family home. Can exclude the perpetrator from the property or surrounding area.
- Eligibility: available to those who own, rent, or jointly occupy the home. In some cases, victims who live in the perpetrator’s home may also apply.
- Enforcement: powers of Arrest can be attached to the order giving the police immediate authority to arrest on breach.
Read more about occupation orders.
Domestic Abuse Protection Orders (DAPOs) — a new approach
Domestic Abuse Protection Orders (DAPO) are a groundbreaking legal tool introduced under the Domestic Abuse Act 2021 and currently being piloted, as of November 2024. The aim is to consolidate and improve upon all previous orders, as listed above, by combining their strongest elements into a single, more flexible system.
DAPOs are unique in that they can be accessed through any jurisdiction, civil, criminal, or family and can be applied for by a wider range of parties, including the police, CPS, victims themselves, specified third parties, or even at the court’s own discretion. This shift removes traditional bureaucratic hurdles as to who is meant to take responsibility for tackling the risk, encouraging a more victim-centred and proactive approach to domestic abuse protection.
Unlike other orders, DAPOs can include both prohibitions AND requirements with each order being tailored to the specific circumstances and with protection which can vary in length. As such, the various terms of the order may last for a fixed period, until a specified event, or in some cases be indefinite.
To grant a DAPO, the court must be satisfied on the balance of probabilities that:
- the perpetrator is over 18;
- the victim is over 16;
- the parties are personally connected;
- abuse has occurred, or there is a risk of abuse;
- and the order is necessary and proportionate to protect the victim.
DAPOs represent a promising one-stop-shop solution for domestic abuse cases, designed not just to react to harm but to prevent it proactively. Their holistic and forward-thinking design could mark a significant shift in how domestic abuse is tackled across the justice system.
What to do in an emergency domestic abuse situation
If you or someone you know is in immediate danger due to domestic abuse, the most important thing is to act quickly and seek protection:
- Call 999: always dial the police in an emergency situation. They can arrest perpetrators, begin investigations, and initiate emergency protective orders.
- Seek legal advice: contact a solicitor experienced in family and/or police law to understand your rights and options.
- Reach out for support: specialist organisations can offer everything from safe accommodation to mental health counselling and legal support.
