Domestic Abuse: Legal Protections and Support UK

Non-Molestation Orders

• A Non-Molestation Order is a court order prohibiting an abuser from using or threatening violence, harassment, or intimidation towards you or your children. It’s designed to provide personal protection from abusive behaviour.
• It can prevent someone from contacting you or coming within a certain distance of your home.
• They can apply to both in-person and online behaviour.
• To apply for a non-molestation order, form FL401 and a supporting witness statement must be completed. There are no court fees for applying.
• A solicitor can help you to make the application and represent you at court.
• Breach of a non-molestation order is a criminal offence.

Occupation Orders

• This order regulates who can live in, or be excluded from, a family home. They can be made if you own the property or if you are a tenant or joint tenant.
• An occupation order can protect you and your children by providing safe living arrangements.
• An occupation order is usually time-limited to six months, but it can be extended.
• To apply, form FL401 and a supporting witness statement must be completed.
• You can apply for both an occupation order and a non-molestation order.
• If the court is satisfied that the abuser has used or threatened violence against you or a child, a power of arrest is attached to the order. This allows the police to arrest the abuser if they breach the order.

Other Protective Measures

• Prohibited Steps Orders can be applied for in child arrangements cases. The order prevents the abuser from taking certain actions concerning your child, such as removing the child from your care or taking the child out of the country without consent.
• Domestic Abuse Protection Orders are currently being piloted in a select number of areas, one of which is Manchester. An order can prevent someone from being violent towards you or your children, threatening violence towards you or your children, communicating with you or your children, or harassing you or your children by going to certain places (e.g. your house or workplace).  They can also require the abuser to report to wear an electronic tag, comply with a curfew, attend a behaviour change programme, etc.  These orders can be applied for by the victims of the abuse, family members (with court permission), third-party organisations, and the Police.  To apply, form DA1 and a supporting witness statement must be completed.
• Domestic Violence Protection Orders can be applied for by the Police when someone needs immediate protection from a perpetrator of domestic violence. The order prevents an ex-partner from being violent towards you, threatening violence towards you, communicating with you or harassing you by going to certain places (e.g. your house or workplace).  The Police can apply for an order without the consent of the victim if they feel action is needed to protect them.  The orders usually last for 28 days.  The orders have powers of arrest attached to them, so the Police can arrest the perpetrator for contempt of court.
• Local authority safeguarding interventions. For example, local authorities have legal adult safeguarding duties which include making enquiries about when a concern has been raised about an adult in its area to establish whether an action should be taken to prevent or stop abuse.  These duties affect other organisations such as the NHS and the police.
• Special measures in court are available to victims of domestic abuse. For example, separate waiting areas before you go into court, a screen can be placed between you and the other party during the hearing, you can ask to attend the hearing remotely such as via video link, giving evidence through an intermediary, etc.