Protecting Yourself from Domestic Abuse

If you are experiencing domestic abuse, whether it’s physical, emotional, verbal, or financial, the law offers urgent legal protection. At Bennett Oakley Solicitors, our family law team can help you apply for emergency injunctions, such as non-molestation and occupation orders, to keep you and your children safe. Whether you’re in immediate danger or facing ongoing threats or coercive control, we’re here to guide you with compassion, confidentiality and expert advice.

There are two main types of injunctions available under the Family Law Act 1996 to help protect individuals and their children from abuse:

• Non-molestation orders
• Occupation orders
• Non-Molestation Orders

A non-molestation order is aimed at preventing a person from using or threatening violence against you, or from intimidating, harassing, pestering, or otherwise abusing you. Its purpose is to protect the health, safety and wellbeing of you and any relevant children.

Only those classified as “associated persons” can apply. This covers a wide range of relationships and includes not only current or former partners but also other family members such as parents, siblings or in-laws.
Breach of a non-molestation order is a criminal offence. If an order is granted and the abuser does anything prohibited by it, you can contact the Police, who have the power to arrest them immediately.

The Police should always be your first point of contact in an emergency. Many people apply for non-molestation orders shortly after reporting an incident to the Police.

It’s important to understand that domestic abuse isn’t limited to physical violence, it can also include verbal, emotional, psychological, sexual and financial abuse. Non-molestation orders are available to address a wide range of abusive behaviours. If you are experiencing any form of harm, no matter how subtle, legal protection may be available.

Occupation Orders

An occupation order regulates who can live in the family home. It can:

• Grant you the right to remain in the home
• Require someone else to leave the home
• Prevent a person from entering or coming near the property

It can also make arrangements regarding who pays the rent or mortgage and who is responsible for maintaining the home. An occupation order does not alter legal ownership of the property, that’s dealt with separately.

Occupation orders typically last for six to twelve months, depending on the specific needs of the person applying. The court can extend or vary the order if needed, but long-term orders are less common and typically reviewed periodically.

If an Occupation Order includes a power of arrest, the police can act immediately if it’s breached. These orders are often made together with Non-Molestation Orders to provide complete protection.

Important Points to Note

• There is no court fee to apply for a non-molestation or occupation order. However, if you instruct a solicitor, legal costs will apply unless you qualify for legal aid. (Please note that Bennett Oakley does not offer legal aid.)
• These protective orders are not suitable for every situation. Their effectiveness can depend on how likely the perpetrator is to comply or fear the consequences of breach.
• Always report abuse or threats as soon as possible. Timely reporting allows the Police and legal professionals to put appropriate protection in place.
• Domestic abuse support services can provide essential help. They can assist with emergency accommodation and emotional support. A good starting point is the National Domestic Abuse Helpline, available 24/7 on 0808 2000 247.

This page is intended for basic information purposes only and should not be considered a substitute for obtaining your own independent legal advice.

Speak to a Family Law Solicitor Today

Due to the sensitive nature of family matters choosing the right solicitor for your matter is essential. We therefore offer a free initial telephone consultation so you can find out more about our services and decide if we are the right fit for you. If you would like to set up a free initial call, please complete the contact form here and a member of the team will be in touch.