When home is no longer safe: the court orders that can protect you

If you are in immediate danger, call 999. The free National Domestic Abuse Helpline, run by Refuge, is available 24 hours a day on 0808 2000 247.

Leaving an abusive relationship does not always end the danger. Harassment, threats, unwanted contact and attempts to control the family home can continue after a couple separates. In England and Wales, the family court can make protective injunctions under Part IV of the Family Law Act 1996.

The two orders most commonly used are non-molestation orders and occupation orders. They serve different purposes, although someone may apply for both if their circumstances require it.

A non-molestation order is intended to protect a person, and where appropriate a child, from abuse or harassment. Its precise terms depend on the situation. It may prevent the person responsible for the abuse from using or threatening violence, contacting the applicant, approaching their home or engaging in other specified behaviour.

Domestic abuse does not have to involve physical injury. The Domestic Abuse Act 2021 recognises violent or threatening behaviour, controlling or coercive behaviour, economic abuse and psychological, emotional or other abuse. A pattern of intimidating messages, monitoring, financial control or unwanted contact may therefore be relevant even where no physical assault has taken place.

A non-molestation order can usually be sought against a current or former partner, a close family member, or someone with whom the applicant lives or previously lived. The eligibility rules also cover a number of other family and parental relationships. The government provides a fuller non-molestation order eligibility guide.

An occupation order deals with the home rather than the wider pattern of behaviour. It can determine who is permitted to live in the family home, who must leave or whether someone can enter the property or its surrounding area. It may be important when the person experiencing abuse wants to remain at home but does not feel safe while the other person continues to live there or return without warning.

Eligibility for an occupation order depends partly on the relationship between the people involved and their legal rights in the property. The rules can apply to owners and tenants, as well as some spouses, civil partners, former partners and cohabitants whose names are not on the title or tenancy. The government’s occupation order eligibility guidance explains the main categories.

An occupation order does not decide the permanent ownership of the property or finally resolve what should happen to it after separation. It is a protective measure governing occupation and access. Separate legal steps may still be needed to deal with the tenancy, mortgage, ownership or division of the home.

Applications can be made online, by email, by post or in person. An applicant completing the process directly will generally need form FL401 and a supporting witness statement. The statement should explain what has happened, why protection is needed and what the applicant is asking the court to do.

There is no court fee for applying for either order. Legal costs may arise if professional advice or representation is used, although legal aid may be available where the financial and evidential requirements are met. Evidence for legal aid can come from sources including the police, courts, health professionals, social services, domestic abuse support organisations, refuge managers, banks and employers.

Where protection is needed immediately, an application can be made without notifying the other person in advance. This is known as a without notice application. The court may make a temporary order before the other person has been told, although they must subsequently be informed and will normally have an opportunity to respond at a further hearing.

Applicants should not serve court documents personally on the person they are seeking protection from. The Family Procedure Rules allow someone acting without legal representation to ask the court to arrange service. This can help avoid direct contact and additional risk.

Anyone concerned that disclosing an address, telephone number or email address would put them or a child at risk can submit form C8. The confidential details should not be entered elsewhere in documents that will be shared with the other party.

Breaching a non-molestation order without a reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996. The enforcement position for an occupation order depends on its terms, including whether a power of arrest has been attached to specified provisions. A breach or suspected breach should be reported to the police, particularly where anyone is at immediate risk.

Neither order is a substitute for a wider safety plan. Housing, money, children, technology and access to important documents may all need to be considered. Specialist services can help someone assess risk and make decisions safely. Government guidance lists support for women, men and LGBTQ+ people, including the National Domestic Abuse Helpline, Men’s Advice Line and Galop.

The decision to seek an injunction can feel daunting, particularly where the applicant remains in the same home as the person responsible for the abuse. The process is designed to provide legal protection without requiring an applicant to pay a court fee, and urgent applications can be considered before the other person is notified. The essential first step is to seek help safely and avoid alerting the other person where doing so could increase the danger.

This article covers the law and court process in England and Wales. Different remedies and procedures apply in Scotland, including interdicts and exclusion orders. Northern Ireland has its own procedure for non-molestation and occupation orders.