How to Get Protective Orders in Domestic Abuse Situations

Overview of Non-Molestation and Occupation Orders

Protective Court Orders are legal measures granted by the Family Court in England and Wales to prevent abusive or harassing behaviour. These orders can provide immediate safety and protection to individuals at risk of harm.

1. Non-Molestation Order

What is a Non-Molestation Order?

A Non-Molestation Order is a Court Order made under the Family Law Act 1996 that prohibits a person (the respondent) from using or threatening violence, harassing, intimidating, or otherwise molesting another person. “Molestation” can cover a wide range of behaviour, including physical abuse, emotional abuse, harassment, coercive control, and unwanted contact.

Non-Molestation Orders usually last between 6 and 12 months, though the Court can vary or extend the order depending on the circumstances. The Family Court has discretion to extend the duration of a Non-Molestation Order if deemed necessary.

Who Does a Non-Molestation Order Protect?

These orders can protect:

• Spouses or former spouses
• Partners or former partners
• Certain family members, including children in some cases

2. Occupation Order

What is an Occupation Order?

An Occupation Order is a court order made under the Family Law Act 1996 that regulates or restricts a person’s rights to occupy a family home. It can:

• Enforce a person’s right to occupy a property, or
• Restrict or exclude another person from the home (or a specific part of it)

Occupation Orders are commonly used in domestic abuse cases as a protective measure when there is a risk of harm within the home. They are typically short-term orders designed to keep individuals safe while longer-term arrangements are considered.

Who Can an Occupation Order Protect?

An Occupation Order can apply to:

• Anyone living in a shared family home
• Anyone who has a legal or equitable interest in the property

How to Apply for a Non-Molestation or Occupation Order

Seek Legal Advice

Although applications can be made without a solicitor, obtaining legal advice can help you understand your rights, prepare a strong application, and ensure you are properly supported, particularly if domestic abuse is involved.

Complete the Application Form

• Applications for both Non-Molestation and Occupation Orders are made on Form FL401.
• A supporting witness statement should be filed with the application.

Enforcement of Protective Orders

• Once granted, the orders are legally binding.
• Breach of a Non-Molestation Order is a criminal offence and can lead to immediate arrest.
• Breach of an Occupation Order may result in civil penalties, fines or, where a penal notice is attached, arrest.

If you believe you need a Non-Molestation Order or an Occupation Order, or you are unsure about your rights, Fairmont Law Solicitors can help. Our experienced family law team provides confidential, sensitive advice and can guide you through the application process.

Contact us today for expert legal support.

0333 222 5014 Book a consultation