Domestic Abuse: What Legal Protection Is Available?

Domestic abuse can take many forms, including physical violence, coercive control, emotional abuse, threats and financial abuse. If you are experiencing abuse, legal protection may be available to help keep you and your children safe.

In England and Wales, the family court can make protective orders, including non-molestation orders and occupation orders. A family law solicitor can explain your options and help you understand the application process.

What Legal Protection Is Available for Domestic Abuse?

The family court can make orders to protect people experiencing domestic abuse. The most relevant options may include:

• Non-molestation orders: These can prohibit someone from using or threatening violence, intimidating, harassing or pestering you, or behaving in other ways specified by the court order.
• Occupation orders: These can regulate who can live in or enter the family home and, in some circumstances, require someone to leave.
• Child arrangements orders: Where children are involved, the court considers their welfare and safety when deciding arrangements for where they live and how they spend time with each parent.

The appropriate protection depends on your circumstances and the risks involved.

What Is a Non-Molestation Order?

A non-molestation order is a court order intended to protect someone from abuse or harassment by a person associated with them, such as a current or former partner or certain family members.

The order sets out the behaviour that is prohibited. Breaching a non-molestation order without a reasonable excuse is a criminal offence.

In urgent cases, you may be able to apply without the other person being notified in advance. The court decides whether this is appropriate.

What Is an Occupation Order?

An occupation order determines who can live in or access a family home. Depending on the circumstances, the court may restrict someone’s access to the property or require them to leave.

When deciding whether to make an order, the court considers relevant factors, which may include the risk of harm, the needs of any children, housing circumstances and the parties’ financial positions.

An occupation order may be sought alongside a non-molestation order where appropriate.

Can Domestic Abuse Affect Child Arrangements?

Yes. Domestic abuse is an important consideration in family court proceedings involving children.

The court’s paramount consideration when deciding child arrangements is the child’s welfare. It may consider the impact of abuse on the child, any safeguarding risks and what arrangements would be safe and appropriate.

Depending on the circumstances, the court may consider safeguards or restrictions on contact.

What Evidence May Help?

Evidence can vary from case to case. It may include messages, emails, photographs, medical records, police reports, witness statements or previous court orders.

You do not need to assume that you cannot seek help simply because you have limited documentary evidence. A solicitor can discuss your circumstances and advise on the information available.

How Can a Domestic Abuse Solicitor Help?

A family law solicitor can explain the legal protections available, advise on applying for a non-molestation or occupation order, and help prepare your application and supporting evidence.

If you need advice about protection from domestic abuse, visit our family law injunction services page to learn more about how BPS Family Law may be able to help.

Frequently Asked Questions

How long does a non-molestation order last?

The court decides how long an order will last. Its duration depends on the circumstances, and an extension may be possible.

Can an occupation order require someone to leave the family home?

Yes. Depending on the circumstances, the court can make an order regulating occupation of the home, including requiring someone to leave.

Can I apply for protection urgently?

Urgent applications may be possible. In some circumstances, the court can consider an application without notifying the other person beforehand.

Get Legal Advice About Domestic Abuse

If you are experiencing domestic abuse, you do not have to navigate the legal process alone. BPS Family Law can advise you on the legal options available and help you understand the next steps.

Contact BPS Family Law to discuss your circumstances and the support available.

This article provides general information about the law in England and Wales and is not a substitute for advice on your individual circumstances.