Legal protections

Types of protective orders

Non-molestation order

A non-molestation order is a court order that prohibits your abuser from:

• Using or threatening violence against you
• Harassing, intimidating, or pestering you
• Contacting you (directly or through others)
• Coming near your home, workplace, or children’s school

Key points:

• Breaching a non-molestation order is a criminal offence (up to 5 years in prison)
• Police can arrest someone who breaches the order
• No court fee to apply
• Can be made urgently (“without notice”) the same day in emergencies

Occupation order

An occupation order deals with who can live in the family home. It can:

• Give you the right to stay in the home
• Exclude your abuser from the home
• Require your abuser to leave
• Regulate who uses which parts of the home

Key points:

• Usually temporary while other matters are sorted out
• Can include an area around the home (e.g., 100 metres)
• Court considers many factors including housing needs and risk of harm
• More complex to obtain than non-molestation orders

Domestic Abuse Protection Orders (DAPOs)

A newer type of order being piloted in some areas (Greater Manchester, some London boroughs, Cleveland, North Wales):

• Can have no fixed end date
• Include more flexible conditions
• Can be applied for by police on your behalf
• Not yet available everywhere

Restraining orders

If your abuser is prosecuted for a criminal offence, the court can make a restraining order as part of the criminal case. This prevents contact even after any prison sentence ends.

Who can apply

You can apply for a non-molestation or occupation order against someone who is:

• Your current or former spouse or civil partner
• Your current or former partner (including same-sex relationships)
• A family member
• Someone you’ve had a child with
• Someone you’ve agreed to marry

You don’t need to be living together.

How to apply

Without a solicitor

You can apply yourself using:

• Form FL401 – available from GOV.UK
• A witness statement explaining the abuse
• Any supporting evidence (photos, messages, medical records)

CourtNav (run by RCJ Citizens Advice) is a free online tool that helps you complete the application. Visit: injunction.courtnav.org.uk

The National Centre for Domestic Violence (0800 970 2070) provides free help with applications, including same-day emergency applications.

With a solicitor

A solicitor can:

• Advise whether an order is appropriate
• Complete the application for you
• Represent you at any hearing
• Help you prepare evidence

Legal aid is available for protective orders if you’re on a low income.

Court fees

There is no court fee for applying for a non-molestation order or occupation order.

Emergency applications

If you need protection urgently, you can apply for an order “without notice” – meaning the court can hear your application without your abuser being present.

This can happen the same day in genuine emergencies. The court will:

• Read your application
• Hear from you (or your solicitor)
• Decide whether to grant a temporary order

If an order is made without notice, there will be a full hearing (with your abuser present) within about 2 weeks to decide whether the order should continue.

What happens at a hearing

If there’s a contested hearing:

• Both you and your abuser can give evidence
• You may be cross-examined (but see below about special measures)
• The judge decides whether to make the order
• This can be stressful but support is available

Special measures

The court can make arrangements to protect you:

• Separate waiting areas
• Screens so you can’t see your abuser
• Giving evidence by video link
• Preventing your abuser from cross-examining you directly

Ask for special measures when you apply.

If an order is made

Non-molestation order

• Your abuser must obey the conditions
• Breach is a criminal offence – call police if it happens
• The order is registered with the police
• Duration is typically 6-12 months but can be extended

Occupation order

• Your abuser may need to leave the home
• A power of arrest can be attached
• The order regulates (doesn’t determine final ownership of) the home
• Usually temporary

If your abuser breaches the order

Non-molestation order: Call 999. Breach is a criminal offence. Police can arrest without a warrant. Your abuser can be prosecuted.

Occupation order: Contact the police. If there’s a power of arrest attached, police can arrest without a warrant.

Keep records of any breaches – dates, times, what happened, any witnesses.

Limitations of orders

Court orders are important but not perfect:

• They’re pieces of paper – they don’t physically stop someone
• They work best combined with safety planning
• Some abusers ignore them
• They need to be enforced

An order is one tool for your safety, not the only tool.

Other legal protections

Clare’s Law (Domestic Violence Disclosure Scheme)

You can ask police whether a partner has a history of domestic abuse or violent offences. This can help you make informed decisions about your safety.

Stalking Protection Orders

If you’re being stalked (which can happen alongside or after domestic abuse), police can apply for a Stalking Protection Order.

Criminal prosecution

Domestic abuse is a crime. You can report it to police. Offences include:

• Assault
• Coercive control
• Harassment
• Stalking
• Threats to kill
• Sexual offences

You don’t have to report to police to get a civil order, but a criminal record strengthens your position.