Victims of domestic abuse in England and Wales can ask a family court for a civil order that restricts the person who has abused them. GOV.UK’s guidance says there are three types: a non-molestation order, an occupation order and, in a limited number of areas, a domestic abuse protection order (DAPO). The person named can be arrested if they break the order. Anyone in immediate danger should report it to the police.
The three orders
A non-molestation order protects a person or their child from being harmed or threatened by the person who abused them. An occupation order decides who can live in the family home or enter the surrounding area. A DAPO is described as protecting against all forms of domestic abuse, and GOV.UK says it can stop someone coming to or near a home, decide who can stay in or return to it, require the person to attend a behavioural change programme, or require them to wear an electronic tag to check that conditions are being kept. This guide describes the family courts of England and Wales; Scotland and Northern Ireland have separate arrangements.
Who can apply
For a non-molestation order, the applicant is usually a victim of domestic abuse and the respondent is a current or former partner, a family member or someone the applicant lives or has lived with. GOV.UK lists spouses, civil partners and former spouses or civil partners; fiancés or proposed civil partners if the engagement or agreement ended less than three years ago; and a boyfriend, girlfriend or partner, or someone the applicant has been in a relationship with for more than six months. People with parental responsibility for a child or grandchild together can also apply. Applicants under 16 need High Court permission.
An occupation order is available where the applicant owns or rents a home that is, was or was intended to be shared with someone in a qualifying relationship, or where a married or civil-partnered applicant living in the home has “matrimonial home rights”.
Applying: cost, methods and privacy
GOV.UK says there is no court fee to apply for a non-molestation or occupation order. An application can be prepared online through the RCJ Citizens Advice CourtNav service, or made by email, post or in person by completing the application form with a supporting statement that ends with a statement of truth. Form C8 can be filed to keep an address and telephone number private. A hearing can be requested by video or phone where extra protection is needed.
Where protection is needed immediately, an emergency order can be requested on a “without notice” basis, meaning the other person is not told beforehand. The court holds a hearing that the applicant must attend, and an emergency order usually lasts until the full hearing. The respondent must still be told about the application afterwards.
Serving the papers, the hearing and enforcement
After the application, the court provides a notice of proceedings with the hearing date. The papers must be served on the respondent in person, and GOV.UK says the applicant should not serve them personally: a solicitor can do it, or the court can arrange it free of charge using form D89. Hearings are held in private, usually with only the parties and their representatives present.
At the end of the hearing the court may accept an undertaking (a promise) from the respondent, ask for more information while making a short-term interim order, or make an order. An order states what the respondent can and cannot do and how long it lasts, and it must be served on the respondent. If it is broken, the applicant can call the police. An order that is ending can be extended with form FL403 if the application is made before it expires; the court usually holds a further hearing within three weeks. Once an order has ended, a new application is needed.
DAPOs: where they can currently be used
GOV.UK says a DAPO can only be applied for where the person to be restrained lives in Greater Manchester, the London boroughs of Croydon, Bromley or Sutton, Hartlepool, Middlesbrough, Redcar and Cleveland, Stockton-on-Tees, or North Wales. Applications go to specific family courts, use form DA1 with a supporting witness statement and carry no court fee. If the respondent lives elsewhere, the guidance directs applicants to a non-molestation or occupation order instead.
FAQs
Do I have to pay a court fee?
GOV.UK states there is no fee to apply for a non-molestation order, an occupation order or a DAPO, although legal advice may cost money and legal aid may help.
Can I keep my address secret from the person I am applying against?
Form C8 is provided for keeping an address and telephone number private, and GOV.UK says contact details should be left out of a DAPO application if they are not to be shared.
What if the other person ignores the order?
GOV.UK says the person named in the injunction can be arrested for breaking it, and the police can be called.
Bottom line
Family courts in England and Wales can order protection from an abuser at no application fee, including emergency orders made without notice. Which order fits depends on the relationship, the home and, for DAPOs, where the respondent lives. Charities such as Refuge, Women’s Aid and Citizens Advice can help with applications; this is general information, not legal advice.