Domestic abuse and family courts — injunctions (non‑molestation, occupation orders)

Introduction

If you or your children face domestic abuse the family courts can grant injunctions that protect safety and control access to the home. Two primary remedies under the Family Law Act 1996 are non‑molestation orders and occupation orders. This guide explains the legal tests the court uses how to apply what evidence to gather and practical steps to take while keeping the child’s welfare and personal safety at the centre.

Types of injunctions available in family law

Non‑molestation order

A non‑molestation order prohibits an abuser from molesting a victim or a child. Molestation covers violent and threatening behaviour harassment and pestering. The order can restrict physical contact, sending messages, approaching home or workplace, and encouraging others to harass. The court can grant a non‑molestation order on its own initiative or as part of wider proceedings.

Occupation order

An occupation order determines who can live in or enter the family home. The court can exclude the respondent from the property, regulate who may return and set conditions for re‑entry or contact. An occupation order can give the applicant occupation rights even where they do not hold legal title to the property. The court weighs competing rights to property against the need for protection.

Legal framework and key statutes

Family Law Act 1996

The Family Law Act 1996 provides the statutory basis for non‑molestation and occupation orders. The Act aims to protect victims and children from domestic violence and to offer remedies without requiring criminal conviction.

Children Act 1989 and welfare considerations

If children live in the household the court applies the Children Act 1989 principles and treats the child’s welfare as paramount. The court considers how orders will protect children from harm and how arrangements may affect their stability.

When should you apply for an injunction?

Apply when you reasonably fear violence harassment or significant emotional harm to yourself or your children. You can apply even if the respondent has not been convicted of criminal offences. The family court can act on civil standards of proof to reduce risk quickly. Seek immediate help if you face imminent danger.

Emergency and ex parte applications

The court can hear urgent applications without notifying the respondent first where giving notice would put you at risk. An ex parte hearing lets the judge issue temporary protection pending a full hearing. The court expects the applicant to provide full material in subsequent hearings and to disclose any relevant facts they knew at the ex parte stage.

How to apply for a non‑molestation or occupation order

Pre‑application steps

– Contact the police if you face immediate danger. They can take emergency steps and advise on urgent applications.

– Consider calling local domestic abuse services for safety planning and help with forms.

– Seek legal advice about the best remedy for your circumstances and about legal aid eligibility.

Filing the application

– Complete the appropriate family court forms. For most private applicants use Form A to apply for family law protective orders. Supplement with a witness statement that sets out incidents in chronological order.

– If you need urgent relief apply for an ex parte hearing on Form A and provide detailed evidence of the immediate risk.

– Attach supporting documents such as medical reports police incident numbers photos and witness statements. Include any criminal proceedings or existing civil orders.

Service and first hearing

The court will usually serve the respondent with notice of the hearing unless the judge grants an ex parte order. The judge may make interim orders on first hearing and will list a final hearing for fuller evidence. The court can also order safeguarding measures, such as returning children to safe accommodation or requiring supervised contact.

Evidence to gather and prepare

Build a clear, contemporaneous and credible evidence bundle. Useful material includes:

– Detailed witness statement: Describe incidents in date order, include times locations and witnesses, and explain impact on you and children.

– Police reports and crime reference numbers: Attach incident logs and any statements given to police.

– Medical records: GP or hospital notes that confirm injuries, dates and treatment. Photographs of injuries and damaged property help.

– Communications: Save threatening texts emails social media messages and call logs. Preserve originals and screenshots with timestamps.

– Witness statements: Collect short factual statements from neighbours family members colleagues or professionals who observed incidents or effects.

– Safeguarding records: Include social services reports school concerns or refuge referrals that evidence risk to children.

– Financial or housing documents: For occupation order cases provide tenancy agreements mortgage statements utility bills and council tax letters to show occupancy and rights.

Lay out documents clearly in a paginated bundle and cross‑reference items in your witness statement.

Legal tests the court applies

Non‑molestation orders

The court considers whether the respondent has used or threatened violence toward the applicant or a child, or has harassed the applicant or a child. The judge applies the civil standard of proof and focuses on reasonable risk and necessity to prevent further molestation.

Occupation orders

The court balances the applicant’s and respondent’s housing and ownership rights against the need for protection. Judges consider factors such as:

– The housing needs and resources of each party and any children

– The likely effect of any order on the health safety or well‑being of the parties and any children

– The conduct of the parties toward each other, including any history of abuse

– The housing ownership or tenancy rights and legal title

– The availability of alternative accommodation for either party

The court has wide discretion and may grant limited occupation rights where a complete exclusion would cause unfair hardship.

Children and injunctions

Protecting children

The court places children’s safety first. A non‑molestation order can explicitly protect children and prevent contact that harms their welfare. The judge may limit parental contact or require supervised contact if unsupervised time risks harm. Consider how orders interact with existing child arrangements and seek to coordinate protections across family and children proceedings.

Disclosure and special measures for child witnesses

If a child gives evidence the court can use special measures to reduce distress such as separate waiting rooms screens video links and intermediaries. Cafcass or social services may provide reports that help the court decide appropriate protections.

Consequences of breach and enforcement

Criminal sanctions for breach

Breaching a non‑molestation order or certain occupation order provisions constitutes a criminal offence. The police can arrest the respondent and the Crown Prosecution Service may pursue criminal charges leading to fines or imprisonment. Keep records of breaches and report them to the police immediately.

Civil remedies for breach

You can also return to the family court to seek enforcement or variation. The court can vary orders, attach further prohibitions or order compensation in some circumstances. The court may treat repeated breaches as contempt and impose committal proceedings.

Practical safety planning while orders proceed

– Develop a personalised safety plan with a domestic abuse service that covers escape routes safe contacts and emergency funds.

– Change passwords, secure devices and take steps to protect online accounts.

– Inform schools childcare providers and employers about any necessary safety measures or confidentiality needs.

– Consider emergency housing options such as refuges local authority support or safe stays with family or friends.

– Keep a contemporaneous log of incidents and breaches, dated and signed if possible.

Legal aid and funding options

Legal aid eligibility

You may qualify for legal aid for injunction proceedings if you meet financial eligibility and the matter concerns domestic violence or child protection. Legal aid can cover representation at hearings and advice. Check current legal aid rules and apply early as funding decisions can take time. Please note that we not not deal with legal aid.

Pro bono and specialist support

Local domestic abuse charities, law centres and citizens advice services can offer free help with information, referrals and sometimes legal support. Many organisations provide accompaniment to court and help with form filling.

Dealing with false allegations

The court treats all evidence seriously but also protects against misuse of injunctions. If you face false allegations gather evidence to rebut claims, such as timestamps, witness statements and communications that show context. Seek legal advice promptly. The court can dismiss unfounded applications and may penalise deliberate misuse.

Long term safety and rebuilding

After obtaining protection focus on rebuilding and long term safety. Seek counselling, financial advice and help to secure housing and employment. Update wills, insurance and financial arrangements if necessary. If you need to vary orders later because circumstances change you can ask the court to review them.

Conclusion

Non‑molestation and occupation orders provide powerful tools to protect victims and children from domestic abuse in England and Wales. Act quickly if you face immediate risk, gather clear evidence, and use support from police domestic abuse services and legal advisers. The family courts aim to reduce harm and secure safe, practical solutions that respect the child’s welfare and both parties’ rights. If you need urgent help contact the police local domestic abuse services or a specialist solicitor without delay.

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 7th November 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here