Domestic abuse injunctions and protective orders: what they do and how to prepare

Urgent safety first

If there is immediate danger, the priority is safety, not paperwork. Police, emergency accommodation, domestic abuse services and trusted support networks may need to be involved before any civil application is prepared. A legal document cannot replace an urgent safety plan.

Domestic abuse can include physical violence, threats, harassment, stalking, coercive control, financial abuse, intimidation and other patterns of controlling or abusive behaviour. The legal route depends on what has happened, whether there is an ongoing risk, the relationship between the people involved and whether children are affected.

Non-molestation orders

A non-molestation order is designed to protect a person, and sometimes relevant children, from molestation. In plain terms, it can prohibit violence, threats, harassment, intimidation, pestering, direct contact, indirect contact through others, attending an address or coming within a set distance.

The order must be specific enough to be understood and enforced. A vague request to make someone behave better is weaker than a clear request that identifies the conduct to be stopped and the addresses, people and forms of contact involved.

Occupation orders

An occupation order deals with who can live in, enter or occupy the home. It can be used to exclude a person from the property, regulate use of parts of the home, or require someone to leave. These orders can be highly intrusive, so the court looks closely at the facts, the housing position, harm, resources and the impact on any children.

Preparation should address the practical consequences. Where would each person live? Who pays the mortgage or rent? Are children living at the property? Is there evidence of harm or risk if both people remain in the same home?

Without notice applications

Some applications are made without telling the other person first. This is often called a without notice application. It may be appropriate where giving warning would create risk, allow pressure or intimidation, or defeat the purpose of the order.

Because the other person is not present at the first hearing, the applicant has a duty to be full and honest with the court. That means including important context, not only the facts that help. The court may list a return hearing so both sides can attend after the first order is made.

Evidence

Evidence might include police reference numbers, medical records, photographs, screenshots, call logs, emails, witness details, diary entries, financial control records, school safeguarding messages or previous warnings. A short chronology can be especially useful because it shows patterns, escalation and recent events.

Avoid editing messages in a way that removes context. If screenshots are used, preserve dates, sender details and the surrounding exchange where possible. Keep originals safely.

Breach and enforcement

Breach of a non-molestation order is a criminal offence. If an order is breached, keep evidence and seek urgent help where needed. Depending on the circumstances, police involvement may be appropriate.

Do not treat an order as a private negotiation tool. If contact needs to change because of children, belongings, housing or practical issues, use the route permitted by the order or seek proper advice before taking steps that could create risk or confusion.

The short version

Protective orders can be powerful, but they need careful preparation. Prioritise immediate safety, identify the order needed, organise evidence clearly, and make sure the requested restrictions match the actual risk. If someone is in immediate danger, call 999.

Nothing in this guide is legal advice for your specific situation.

Related guides

• Child arrangements after separation
• Financial arrangements on divorce or separation
• GOV.UK: apply for an injunction against domestic violence

All resources