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PRACTICE NOTES
This Practice Note explains what a domestic abuse protection order (DAPO) is under the Domestic Abuse Act 2021 (DAA 2021) and the circumstances in which an application for a DAPO may be made in civil proceedings. It sets out the specified courts in which the pilot scheme contained in CPR PD 51ZF is in force, who can apply for a DAPO under the pilot scheme and the relevant proceedings in which an application may be made. It explains the conditions for making a DAPO and the provisions that may be imposed by a DAPO. For details of when DAPOs may be made in family proceedings, see Practice Notes: Domestic abuse protection orders in the Family Court, Domestic abuse protection orders in the Family Court—application to order (pilot scheme) and Domestic abuse protection orders in the Family Court—procedure after order (pilot scheme). Background DAA 2021 does not repeal the provisions of the Pt IV of the Family Law Act 1996 (FLA 1996) or any of the other of other existing available means of protecting victims
PRACTICE NOTES
This Practice Note explains what a domestic abuse protection order (DAPO) is under the Domestic Abuse Act 2021 (DAA 2021). It sets out the specified courts in which the pilot scheme in FPR 2010, PD 36ZG is in force and who can apply for a DAPO under the pilot scheme. It explains the duration of orders, the provisions that may be imposed by a DAPO and considers the courts powers to require a perpetrator to submit to electronic monitoring. This Practice Note is focused on DAPOs that are made in the Family Court under the pilot scheme in FPR 2010, PD 36ZG, unless otherwise stated. Background While this Practice Note concentrates on the availability of DAPOs in the Family Court under the pilot scheme, note that a DAPO may be made in specified civil proceedings (relevant proceedings) in the County Court, and may also be made by the magistrates' court following an application by the police. In domestic abuse cases there are a range of orders that can be used to provide protection,
PRACTICE NOTES
This Practice Note sets out the steps to be taken when applying for a domestic abuse protection order (DAPO) under the pilot scheme contained in FPR 2010, PD 36ZG—Part 3 of the Domestic Abuse Act 2021: Provision during piloted commencement, in the courts specified in the pilot scheme, up to the making of the order. It sets out which areas are included in the pilot scheme, the procedure for applications made on notice and without notice to the respondent, the rules regarding service and the provisions that may be imposed by a DAPO. It also sets out the availability of legal aid for such applications. For details of the steps that should be taken following the making of a DAPO, including as to service of the order, notifying the police of the order and details about electronic monitoring requirement, see Practice Note: Domestic abuse protection orders in the Family Court—procedure after order (pilot scheme). The provisions relating to DAPOs in the Family Court contained in the Domestic Abuse Act
PRACTICE NOTES
This Practice Note explains the procedure for applying for a domestic abuse protection order (DAPO) under the pilot scheme contained in FPR 2010, PD 36ZG—Part 3 of the Domestic Abuse Act 2021: Provision during piloted commencement, in the courts specified in the pilot scheme. It sets out the steps that should be taken after a DAPO has been made by the court, including as to service of the order, notifying the police of the order and details about electronic monitoring requirement. It also sets out details of the mandatory notification requirements that a person subject to a DAPO must comply with. For details of which courts are taking part in the pilot scheme, the procedure for applying for a DAPO under FPR 2010, PD 36ZG on notice to the respondent and without notice, the provisions that may be imposed by a DAPO and the availability of legal aid for such an application, see Practice Note: Domestic abuse protection orders in the Family Court—application to order (pilot scheme). The provisions
NEWS
Immigration analysis: The Upper Tribunal held that the domestic deportation regime applied where the appellant’s post-IP Completion Day offence alone triggered automatic deportation, notwithstanding reference to a pre-IP Completion Day conviction as an aggravating factor in sentencing. The First-tier Tribunal erred in treating such reference as material reliance on earlier conduct. Properly construed, the Stage 1 decision was based solely on the 2023 offence and resulting sentence, and thus fell within Article 20(2) of the Withdrawal Agreement. The decision clarifies the distinction between material and incidental consideration of pre-IP Completion Day conduct and confirms that sentencing remarks do not, without more, determine the applicable deportation regime. Produced in partnership with Niamh Fegan of Goldsmith Chambers.
GLOSSARY
Under the UK GDPR, ‘domestic law’ means the law of the UK or of a part of the UK.
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 23 March 2022; it is no longer maintained. See further, timeline, commentary and related cases Case facts Outline Chapter I CA98 investigation alleging that Dar breached UK competition law by restricting retailers’ freedom to discount the online retail prices of domestic lighting products supplied by Dar. Latest development On 23 March 2022, the CMA announced it had reached a settlement agreement. The CMA imposed fines totalling £1.5m on Dar (and its parent Castlegate 624) (including a 20% settlement reduction and a 35% uplift for failing to take sufficient action after receiving two CMA warning letters and for having breached competition law intentionally) Parties • Dar Lighting Limited (Dar): Där is a leading designer and distributor of domestic lighting products in the UK.• Castlegate 624 Ltd (Castlegate 624). Castlegate 624 is Dar’s parent company. Market(s) Domestic lighting products. Background CMA’s warning letters In two separate ‘warning letters’ sent prior to the launch of its investigation, the CMA warned Dar of its suspicions
GLOSSARY
Domestic partner adoption describes an adoption where one partner adopts the other partner’s child, so that both become the child’s legal parents. In UK and Irish practice this is more commonly termed step‑parent adoption, second‑parent adoption or adoption by a civil partner or cohabitant, rather than “domestic partner adoption”, which is not a defined statutory term.In England and Wales, and Scotland, adoption by a partner is governed mainly by the Adoption and Children Act 2002 and the Adoption and Children (Scotland) Act 2007, which allow applications by spouses, civil partners and certain long‑term cohabitants. Northern Ireland has similar provision under the Adoption (Northern Ireland) Order 1987 as amended, now allowing unmarried and same‑sex couples to adopt. In Ireland, the Adoption Act 2010 (as amended, including by the Adoption (Amendment) Act 2017) permits adoption by spouses, civil partners and qualifying cohabitants.Key features include: extinguishing (with limited exceptions) the legal status of the other birth parent; transferring parental responsibility/parental rights and responsibilities; rigorous welfare‑based assessment; and full legal equality of the adoptive parent with any existing legal parent. The term is used in practice to distinguish these intra‑family adoptions from stranger or intercountry adoptions.
GLOSSARY
An act of aggression whether physical or verbal by one person towards another with whom they have, or have had, an intimate or family relationship. Examples of abuse include: physical; emotional; sexual; psychological, or financial.
GLOSSARY
Under English law a party is generally domiciled in the country in which they have made their permanent home. There are different types of domicile including a domicile of origin, domicile of choice and domicile of dependence. The court will look at a range of factors to determine domicile.
GLOSSARY
Broadly equivalent to habitual residence.
GLOSSARY
Every person acquires at birth a domicile of origin which is generally the domicile of their father. A domicile of origin remains with a person throughout their life unless they replace it with a domicile of choice elsewhere. A domicile of choice is, ordinarily, where somebody has their permanent home to which, if absent, they intend to return. Such absence may be long term. A domicile of origin can revive if a domicile of choice is abandoned without a new one being acquired. A dependant generally has the same domicile as the person on whom they are dependent.