FAQ

Protection

If you or your children are at risk of harm, the law can offer urgent protection. These answers cover some of the most common questions about non-molestation orders, occupation orders and what to do if you are experiencing domestic abuse. For advice on your own circumstances, please contact our team.

Can I get a protective order urgently, without telling the other person?

Yes. If you’re at risk of significant harm, the court can make an order without notice, often on the same day. A full hearing then follows, where the other person can respond.

How do I get a non-molestation order?

You apply to the family court on form FL401 with a statement explaining what has happened, and there’s no court fee. In urgent cases, the court can make the order the same day.

What happens if someone breaks a non-molestation order?

Breaking the order is a criminal offence, and the person can be arrested. They can face up to five years in prison.

What counts as domestic abuse?

Domestic abuse includes physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, and economic, psychological or emotional abuse by a partner, ex-partner or family member. Children who see or hear it are treated as victims too.

Can I make my partner leave the family home?

Yes. The court can make an occupation order requiring them to leave or stay away from the home, after weighing the risk of harm, each person’s housing needs and the children’s welfare. These orders are only made where they’re needed, because they’re a serious step.

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