Court Orders explained

If you are experiencing domestic abuse, there are two types of court order or ‘injunctions’ under the Family Court that may provide legal protection.

What is a non-molestation order?

This is a court order (sometimes called an injunction) that is used to prevent someone from being violent or abusive towards you, threatening violence, harassing or intimidating you.

You can apply for a non-molestation order if you are experiencing domestic abuse from someone you’re having or have had a relationship with, a family member, or someone you’re living with, or have lived with.

If you successfully go through the Family Courts to get a non-molestation order in place, it will normally have a ‘power of arrest’ attached, which means your abuser can be arrested the moment they do anything that the order states they are not allowed to do.

That may be enough to deter your abuser; but be aware, in some cases it could bring out more anger or violence in them. That’s why we recommend you talk to an expert, either here at FLOWS, or local to you, in order to decide the best course of action in your particular situation.

What is an occupation order?

An occupation order excludes someone from your home or the surrounding area and usually lasts initially for 6 months.

You can apply for an occupation order if you own or rent a home and it is, was, or was intended to be shared with a husband or wife, civil partner, cohabitant, family member, person you’re engaged to, or parent of your child. Or if the home you are living in was intended to be the ‘matrimonial home’ and your partner or spouse is the abuser.

As occupation orders can make a great deal of difference to the lives of those specified in the orders, so judges consider them carefully.

If you feel you or your child or children are at risk, this may be a route for you, but again, we recommend that you take expert advice before you act. Talk to an expert here at FLOWS, or local to you, in order to decide if this is the best course of action.

What are Domestic Abuse Protection Orders/Domestic Abuse Protection Notices (DAPOs/DAPNs)?

DAPOs/DAPNs are a new type of injunction, introduced by the Domestic Abuse Act 2021.

During this pilot, DAPOs/DAPNs are only available if the abuser resides in Cleveland police areas (which includes Hartlepool, Middlesbrough, Redcar, Cleveland and Stockton-on-Tees), Greater Manchester or the London Boroughs of Croydon, Sutton or Bromley. They can also be applied for by the British Transport Police.

Unless you are seeking an order against someone who resides in one of these areas, then a DAPO/DAPN is not currently available for you, and you will need to apply for a non-molestation order.

A DAPO can be applied for by an individual or a third party. A DAPN must be applied for by the police.

This new order may be appropriate in your circumstances. Talk to an expert at FLOWS for advice about DAPOs/DAPNs.


How is a DAPO different to a non-molestation order?

A DAPO is different to a non-molestation order in a number of ways:

  • A DAPO cannot protect any relevant children.
  • A DAPO can enforce the abuser to take positive action. For example, it may be ordered that the abuser attends a behavioural programme or substance rehabilitation.
  • A DAPO can order that the abuser is electronically monitored by the police, for example, with an electronic tag.
  • A DAPO requires the abuser to attend their local police station within three days of the order being made to register the DAPO and provide their details. The police may require them to file their photograph and their fingerprints. The abuser will have to do this again if they change their address.
  • You can apply for a DAPO on behalf of someone else if you believe that person is being abused and requires emergency protection.
  • A DAPO can exclude a legal occupier from residing in a property – you would have to apply for an occupation order as well as a non-molestation order to exclude a legal occupier from a property.
  • You can apply for a non-molestation order when the abuser is aged 16 or over. DAPOs are only available when the abuser is aged 18 or over.

We would strongly urge you to seek legal advice before applying for a DAPO, as this pilot is currently restricted to a limited number of areas.


What can you expect from FLOWS?

Incredible understanding and knowledge from the lady who took my call. She was super helpful and informative.

– FLOWS service user

Read more comments from people we have helped.