Personal protection injunctions – enforcement across civil and criminal courts and the future of DAPO Pilots

When dealing with injunction proceedings in personal protection cases, it’s essential for family law practitioners to understand both the civil and criminal dimensions. This is particularly crucial when securing non-molestation or occupation orders, as practitioners must be equipped to advise on the potential consequences of breaches—whether through civil penalties or criminal prosecution.

The landscape continues to evolve, with increasing overlap between the family and criminal courts. Even if not directly involved in criminal proceedings, family practitioners must be prepared to guide clients on what actions may follow in the criminal context. This has become especially important following the guidance issued by the President of the Family Division in July 2023, which clarified how injunction proceedings interact with other legal processes.

In addition, the piloting of Domestic Abuse Protection Orders (DAPOs) marks a significant shift in how protective measures are implemented. This webinar will explore how these new orders function and what they mean for future practice.

Topics covered include:

• Use of civil and criminal remedies
• What remedies are available in the event of alleged breach of such orders/undertakings.
• What forms are used and what is the procedure?
• What orders are available? – non-molestation and occupation orders
• Use of ancillary orders – s.40 Family Law Act 1996 and enforcement
• Without notice orders and enforcement – compliance with president’s guidance of 2023
• Enforcement of exclusion provisions attached to molestation orders
• Public law children orders and enforcement
• Use of inherent jurisdiction and Ouster orders
• Position with undertakings and enforcement – when may an undertaking not be accepted?
• Enforcement of occupation orders – use of section 47 Family Law Act 1996
• Criminal sanctions and use of Domestic Violence, Crimes and Victims of Act 2004
• Powers of court on committal and use of Part 37 FPR 2010
• Domestic Abuse Protection Notices and Orders – current pilots and developments
• How are Domestic Abuse Orders different to non – molestation and occupation orders?