DAPO or non-molestation order: how to choose

Reviewed 19 October 2026 · Information for England and Wales

The non-molestation order has long been the standard civil order against domestic abuse in England and Wales. The Domestic Abuse Act 2021 added a newer option – the Domestic Abuse Protection Order (DAPO) – which is being introduced in stages. If you live where DAPOs are available, you may be able to choose.

Side by side

What a DAPO adds

A DAPO is meant to be one flexible order covering every form of domestic abuse, including coercive control, economic abuse and stalking. It can do everything a non-molestation order can, plus:

• Prohibitions – no contact, staying away from your home, no harassment.
• Positive requirements – the abuser can be made to do something, such as attend a behaviour change programme or a drug or alcohol assessment.
• Electronic monitoring – a tag to check compliance, in some cases.
• The home – who lives there, without needing a separate occupation order.
• Notification – the abuser must give the police their name and address and report changes.

Before a court DAPO, police can issue a Domestic Abuse Protection Notice (DAPN), giving 48 hours' immediate protection while the case reaches court.

DAPO eligibility

The court must be satisfied, on the balance of probabilities, that:

1. the other person has been abusive towards someone aged 16 or over to whom they are personally connected, and
2. the order is necessary and proportionate to protect that person from domestic abuse or the risk of it.

"Personally connected" includes current and former partners (married, engaged, civil partners or in an intimate relationship), people sharing parental responsibility for a child, and relatives. A DAPO can rest on a single incident or risk – a pattern isn't required.

Non-molestation order eligibility

You need to be "associated" with the other person – partners and exes, relatives, people who share or shared a household, parents of the same child, or parties to the same family case. That's slightly wider than "personally connected": a former housemate, for instance, is associated but not personally connected. See who can apply.

Making the choice

A non-molestation order may suit you if:

• DAPOs aren't yet available where you live
• you want a quick, familiar process local courts handle daily
• you mainly need the contact and harassment to stop
• you shared a household with the person but aren't "personally connected"

A DAPO may suit you if:

• you're in a DAPO area and want stronger, longer-lasting protection
• the abuse involves coercive control, stalking or economic abuse that's hard to fit into standard wording
• you want the court to require the abuser to do something
• you want one order dealing with contact and the home
• you want the police to hold the abuser's details through notification

Normally you can't have both against the same person for the same thing. A domestic abuse service or solicitor can help you decide.

Can we help with a DAPO?

We draft FL401 applications for non-molestation and occupation orders, available everywhere in England and Wales. If you live in a DAPO area and a DAPO seems right, mention it on our form and we'll point you in the right direction. The account of the abuse we help you put together is useful either way.

And restraining orders?

A restraining order is different again: a criminal court makes it when someone is convicted, or sometimes acquitted, of an offence. The prosecution asks for it – you don't apply. You can still apply for a non-molestation order while a criminal case is ongoing. See restraining order or non-molestation order.

Summary

• Non-molestation orders are available everywhere; DAPOs only in some areas for now.
• DAPOs offer extra tools – requirements, tagging, notification and the home.
• Breaching either is a crime with up to five years in prison.
• Check GOV.UK for current DAPO areas.