If you or your child are experiencing domestic abuse, it can feel like there’s no way out, especially when the person causing harm is a partner or ex-partner.
The law offers clear protection through Family Court orders, which can be obtained quickly and, in many cases, without the other person being notified in advance.
This guide explains what these protection orders are, how to apply for them, and what happens once they’re in place, so you can take confident, informed steps toward safety.
Understanding Domestic Abuse in Family Law
Domestic abuse isn’t limited to physical violence. The Domestic Abuse Act 2021 recognises many forms, including:
- Emotional or psychological abuse; intimidation, gaslighting, controlling behaviour
- Financial abuse; restricting money or sabotaging employment
- Coercive control; isolating you from friends or monitoring your movements
- Sexual abuse or harassment
- Threats or intimidation toward you or your child
If these behaviours cause fear, distress, or harm, you may be entitled to a protection order through the Family Court.
Tip: You do not have to report the abuse to the police first, although police involvement can strengthen your case.
The Two Main Types of Family Court Protection Orders
A. Non-Molestation Order (NMO)
A Non-Molestation Order prevents someone from:
- Threatening, harassing, or intimidating you;
- Coming near your home, school, or workplace; or
- Contacting you directly or through others (except as allowed for child arrangements).
Breaching an NMO is a criminal offence, and the police can arrest the offender immediately.
You can apply whether you’re still in the relationship or have separated; the goal is to stop abuse, not punish the abuser.
B. Occupation Order
An Occupation Order decides who can live in the family home.
It can:
- Remove the abusive person from the property;
- Allow you and your children to remain safely;
- Restrict access to certain areas (e.g. the garden or shared spaces).
These orders are particularly helpful when the property is jointly owned or rented, and you’re worried about losing your home.
Legal Note: The court considers factors such as housing needs, income, safety, and the impact on children before granting an Occupation Order.
How to Apply for a Protection Order
You can apply:
- Through your solicitor (who will prepare and file all court papers); or
- Directly to the Family Court if you need urgent protection and cannot wait.
Applications can be made “without notice” (ex parte) if immediate risk is shown, meaning the other party is not informed until after the order is made.
Once granted, a hearing is usually listed within 7–14 days for both sides to attend and explain their positions.
What Evidence You’ll Need
Your solicitor will help gather relevant evidence, such as:
- Police reports or incident logs
- Medical records
- Witness statements (friends, family, or neighbours)
- Texts, emails, or social media messages
- Notes from schools or social workers
Even if you don’t have formal evidence, your sworn statement is still powerful; the court can act on credible personal testimony.
How Long Do Protection Orders Last?
- Non-Molestation Orders: typically last 6–12 months, but can be extended.
- Occupation Orders: can last a few months to a year, depending on circumstances.
In some cases, the court makes them until further order, especially if ongoing risk exists.
If the order is breached, report it to the police immediately; breaches are taken very seriously and may lead to arrest or further court action.
What Happens If Social Services Are Involved?
If children are exposed to domestic abuse, social services may become involved to ensure their safety.
Working with professionals, rather than avoiding them, shows that you are protective and cooperative.
Your solicitor can coordinate with the local authority to demonstrate that:
- You’ve taken steps to safeguard your child;
- You’re accessing support; and
- Any risks have been reduced.
This can prevent unnecessary escalation into care proceedings.
Practical Safety Tips While Awaiting Court Action
- Keep your phone charged and emergency contacts saved.
- Change passwords on social media and online banking.
- Speak to your child’s school discreetly so they know not to release information.
- Avoid sharing your location publicly.
- Keep copies of all evidence in a safe place (email or secure folder).
Remember: Legal protection is just one part of staying safe; your solicitor can connect you with specialist domestic abuse services for emotional and practical support.
Domestic abuse can happen to anyone, and taking legal action doesn’t make you weak; it makes you protective and responsible.
The Family Court provides fast, confidential protection through Non-Molestation and Occupation Orders, helping you and your children feel safe again.
With the right legal advice, you can act decisively and take back control of your future.
If you or your children are experiencing domestic abuse, contact our compassionate and experienced family law team for urgent advice.
We can act immediately to obtain court protection, often the same day.
Call ASA Solicitors on 01274 900 400
Email mail@asa.co.uk
FAQs
Will the order affect child contact?
Possibly; if the other parent poses a risk, the court may restrict contact or order it to be supervised.
Can I apply if I’m still living with the abuser?
Yes. The court can issue an Occupation Order requiring them to leave the property.
Will I need to go to court?
In urgent cases, your solicitor can apply on your behalf without you attending immediately. A later hearing will confirm or vary the order.
