How non-molestation orders, occupation orders, and the new domestic abuse protection orders work, and where to get urgent help.
If you are in immediate danger, call 999. The National Domestic Abuse Helpline is available 24 hours a day, seven days a week, free of charge, on 0808 2000 247. It is run by Refuge and provides confidential advice, information, and referrals to local services. You do not have to be in immediate danger to call — anyone affected by domestic abuse can contact the helpline.
The Domestic Abuse Act 2021 introduced a statutory definition covering physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological, emotional, or other abuse. The abuser must be a personally connected person — a current or former intimate partner, or a family member. The definition also formally recognises children who witness or experience domestic abuse in the household as victims in their own right.
A non-molestation order is made by the family court under the Family Law Act 1996. It prohibits a named person from using or threatening violence against you, from intimidating or harassing you, from contacting you directly or indirectly, and from coming within a specified distance of your home or workplace. Applications can be made urgently without the abuser being present (on a without-notice basis) if the situation requires immediate protection. Breaching a non-molestation order is a criminal offence. Legal aid is available for non-molestation order applications where there is evidence of domestic abuse.
An occupation order under the Family Law Act 1996 regulates who may live in the family home. It can require an abuser to leave the property or exclude them from a defined area around it, and can also give you the right to remain in the home if you would otherwise leave. Occupation orders are typically of limited duration and are distinct from any final settlement of property rights. They can be made on a without-notice basis in urgent cases. Legal aid is available.
The Domestic Abuse Act 2021 introduced Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) as a new, more flexible type of protective order, capable of imposing positive requirements on the abuser as well as prohibitions. As of mid-2026, DAPOs are available only in the pilot areas (which include Greater Manchester, parts of London, Cleveland, and North Wales). A national rollout was announced as part of the Government's Violence Against Women and Girls Strategy in December 2025, but DAPOs are not yet available across all of England and Wales. Outside the pilot areas, non-molestation and occupation orders remain the primary protective orders.
Yes, you can apply yourself using form FL401 at your local family court, and the court can deal with urgent applications very quickly. However, most people find the process easier with legal representation, and legal aid is available for protective injunction applications in domestic abuse cases. The National Domestic Abuse Helpline (0808 2000 247) can help you find local services and support.
Breaching a non-molestation order is a criminal offence carrying up to five years in prison. You should call 999 if an order is breached. Breach of an occupation order is also a matter the court can deal with, including by way of committal or arrest if a power of arrest has been attached to the order.
The Counsel provides legal information and can help you understand how protective orders work, but it is an information tool — it does not replace specialist legal advice and is not an emergency service. If you are at risk, please call 999 or the National Domestic Abuse Helpline on 0808 2000 247. A specialist domestic abuse solicitor or a local Independent Domestic Violence Adviser (IDVA) can give you personalised, confidential advice on your situation.
The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.
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