Domestic abuse solicitors: non-molestation and occupation orders

Domestic abuse is not always physical. It includes coercive and controlling behaviour, psychological abuse, harassment, financial control and threats, all of which the law recognises and can protect against.

If you are experiencing domestic abuse, the courts can act quickly to put legal protection in place. Our family law team deals with these cases with the urgency, discretion and sensitivity they require. We will always put your safety first.

There are two main types of protective order available to victims of domestic abuse in England and Wales. In many cases, both are applied for at the same time.

• Non-Molestation Order: prohibits the abuser from contacting you, whether directly or indirectly (such as through messages or social media), and from going to or entering a particular place. Breaching it is a criminal offence with a maximum sentence of 5 years.
• Occupation Order: regulates who can live in, enter or approach the family home. It can require the abuser to leave and prevent them from returning.

Both orders can be granted urgently without the abuser being told in advance. This is known as a without-notice or ex-parte application. There are no court fees for these applications.

Where telling the abuser in advance would put you at greater risk, we apply without giving them notice. The court can grant the order without the abuser being present. They are then served with the order, and a hearing is listed for both parties to attend.

We prepare your statement and explain every step of the process, so you know what to expect. We will attend court with you or arrange representation from one of the barristers we work alongside.

Once the order is granted, we arrange for it to be served on the other party. The order is then legally enforceable. Breaching a Non-Molestation Order is a criminal offence and can result in arrest.

Alongside legal protection, we can signpost you to specialist support services, refuge and safeguarding resources. We coordinate with the police and safeguarding services where needed.

We can also give urgent advice on leaving safely, including protecting your property and finances, and apply for protection for children.