Domestic abuse affects people across all walks of life and can have lasting emotional, physical and financial consequences. In England and Wales, the law provides robust protections to safeguard those at risk and to help them take steps towards a safer future.
Key Protective Orders
The following protective orders are available under the Family Law Act 1996.
Non-Molestation Orders
Non-Molestation Orders are designed to prevent an abusive partner, ex-partner, or family member from using or threatening violence, harassing or intimidating the victim, or any children. They can also restrict the alleged perpetrator from making contact with the victim indirectly through channels such as social media or third parties.
In very urgent cases, the court can grant a Non-Molestation Order without notice to the alleged perpetrator, offering immediate protection to the victim before they are informed.
A Non-Molestation Order comes with a power of arrest attached to it, meaning that it is a criminal offence to breach the order.
Occupation Orders
Occupation Orders deal with who can live in the family home. The court can exclude an abuser from a property even in circumstances where they are a legal owner of that property or have tenancy rights, to ensure the safety and well-being of the victim and any children.
When considering whether to make an Occupation Order, a court must consider the “balance of harm test”, weighing up the potential harm to the victim and any children if the order were not made. With the risk of harm to the alleged perpetrator in making the order is greater than that of the victim and the children, it then falls on the court to use its discretion when making an order, considering all of the circumstances in each case.
The New Domestic Abuse Protection Framework
The Domestic Abuse Act 2021 introduced Domestic Abuse Protection Notices (DAPN’s) and Domestic Abuse Protection Orders (DAPO’s) to modernise and unify the current systems of protection.
DAPN’s
DAPN’s are issued by the Police to provide immediate, short-term protection following an incident of domestic abuse. They can, for example, prevent an abuser from contacting the victim or require them to leave a shared home.
DAPO’s
DAPO’s are a longer-term protective measure that can be granted either by the criminal, civil, or family courts. These orders can include a wide range of conditions, from prohibiting contact to requiring attendance at rehabilitation and behavioural programmes.
Whilst DAPO’s are still being phased in, it is intended that they will replace Non-Molestation and Occupation Orders in the future. The hope is that they will create a single, flexible protection order which can be used consistently across all courts. For now, victims of domestic abuse can continue to rely on the existing well-established remedies under the Family Law Act, supported by Police issued DAPN’s where necessary.
Seeking Legal Advice and Support: How Howell Jones Can Help
Victims of domestic abuse can apply for protective orders through the Family Court. A specialist family law solicitor can advise on which order is most appropriate in your case, prepare the necessary court application and ensure that the protective measures are in place quickly in urgent situations.
Our experienced Surrey family law team provides sensitive, confidential advice to those experiencing domestic abuse. We can help you apply for Non-Molestation or Occupation Orders and guide you through what is an extremely difficult time in a victim’s life to help you take the first steps towards your safety and security. Contact our friendly team today.
Other Support Services for Victims
Stop Domestic Abuse – 0330 053 3630
National Domestic Abuse Helpline (Refuge) – 0808 2000 247
Men’s Advice Line (Support for male victims) – 0808 801 0327
Respect Men’s Helpline (For those worried they may harm someone) – 0808 802 4040
