Moving fast and finding safety: Understanding protective orders in domestic abuse cases

• 13 January 2026
• News

Domestic abuse remains a serious issue in England and Wales. The latest Office for National Statistics (ONS) data shows that domestic abuse-related offences accounted for more than 15% of all crimes recorded by police in the last year, affecting a staggering 3.8 million people (7.8% of the population) aged 16 years and over.

What constitutes domestic abuse?

Domestic abuse is not limited to physical violence and threats, and includes:

• Physical or sexual abuse;
• Violent or threatening behaviour;
• Controlling or coercive behaviour;
• Economic abuse affecting a person’s ability to manage their money;
• Psychological or emotional abuse; and
• Female genital mutilation (FGM).

How can solicitors act to help protect victims of domestic abuse?

Alongside reporting matters to the police, a solicitor can help a client to seek protection from the court by applying for two types of protective court orders: non-molestation orders (“NMOs”) and occupation orders (“OOs”). These orders work to prevent harassment and/or to help remove a victim from an abusive situation. Both orders provide temporary protection to a victim whilst other arrangements are made to secure the safety of the victim and any children.

Who can apply for a non-molestation or occupation order?

You can apply for an NMO or an OO if you have (or previously had) a relationship with the person you need protection from, including:

• Spouses or civil partners;
• Cohabitants;
• Relatives;
• Parents of a child together;
• Those engaged or formerly engaged to marry;
• Individuals in an intimate relationship of significant duration; and
• Parties involved in the same family proceedings.

For an occupation order, you must also have a legal right to occupy the home (as a joint or sole tenant or owner), or you have lived with or have been married to a partner who holds that right. If you are unsure of your rights, you can contact us for clarification.

What is a non-molestation order (NMO)?

An NMO is a court order that prohibits someone (the “perpetrator”) from molesting you or a relevant child (section 42, Family Law Act 1996). Although “molestation” is not defined in law, courts interpret it broadly to include violence, harassment, threats and unwanted contact; this behaviour can be direct, such as physical violence, or indirect, through social media posts or using third parties to communicate.

NMOs can also be relied upon to prevent someone from entering certain areas, such as your home, particular rooms in your home or your workplace.

What does the court consider on an application for an NMO?

The court reviews all evidence of the perpetrator’s behaviour and the effect that it has had on the victim and/or any children to decide whether protection is needed. In one case, the perpetrator hung degrading posters about the victim outside the school where she worked (Horner v Horner [1982] 2 WLR 914). Other examples include sending abusive messages, acts and threats of violence and searching through someone’s possessions without their permission.

How long does an NMO last?

Typically, an NMO lasts between six and 12 months, but can be extended with permission of the court. In rare circumstances the NMO can remain in force until the court makes a further order; examples would include if there is a continuing threat to the victim or any children, or if the perpetrator persists in abusive behaviour towards the victim despite an order being in place.

Breaching an NMO: what happens next?

Breaching an NMO is a criminal offence which is punishable by up to five years’ imprisonment or contempt of court (section 42A, Family Law Act 1996). A contempt of court can be enforced through civil proceedings by applying for a committal order. In practice, criminal proceedings usually take priority over civil proceedings on public policy grounds. If the Crown Prosecution Service decides not to prosecute, enforcement can still take place via committal proceedings.

A breach of an NMO order is a criminal offence, and therefore the police can step in to prevent a breach whilst it is happening or if they have reason to believe it has happened.

A perpetrator cannot face both civil punishment for contempt and a criminal conviction for the same behaviour.

What is an occupation order?

An OO determines who can live in a property, and it can exclude someone from living in the home. An OO can also be used to address practical matters, such as who pays the rent or mortgage (sections 33, 35-38, Family Law Act 1996).

What does the court consider for an OO?

The court applies a “balance of harm test”, weighing the harm to the victim and any children if the OO is not made, against the harm to the perpetrator of making the order. This is a high threshold because of the gravity of excluding someone from their home. Typically, the harm to a perpetrator would be that they have limited financial resources to find an alternative place to live. The court must make an order if it appears that the victim or any relevant child is likely to suffer significant harm attributable to the perpetrator’s conduct if an order is not made (section 33(7), FLA 1996).

The court also considers:

• The housing needs and housing resources of both parties;
• The financial resources available;
• The impact on the health, safety and wellbeing of the parties and any children; and
• The conduct of the parties.

If the victim is not legally entitled to occupy the home but is the perpetrator’s spouse or former spouse, the court may have regard to some additional considerations. These include:

• The length of time that has elapsed since the parties last lived together;
• The length of time that has elapsed since the marriage was formally ended; and
• Any ongoing financial remedy applications or disputes regarding the ownership of the property (section 35(6), FLA 1996).

If the victim is not legally entitled to occupy the home but is living with or previously lived with the perpetrator, the court may also have regard to:

• The nature and length of the parties’ relationship;
• The length of time that has elapsed since the parties’ relationship ended;
• Any relevant children; and
• Whether there are any ongoing applications in relation to maintenance under Schedule 1 to the Children Act 1989 (section 36(6), FLA 1996).

How long does the OO order last?

The duration of OOs depends on which section of the FLA 1996 was relied on to make the application.

• Orders under section 33 can be made for a specified period which is defined by the occurrence of a specific event or until a further order is made;
• Orders made under sections 35 and 37 can be made for a maximum of six months but can be renewed more than once; and
• Orders under sections 36 and 38 can be made for a maximum of six months but may only be renewed once.

In practice, it is unlikely for an occupation order to be made for longer than six months due to the impact this severe order has on the perpetrator.

Breaching an OO: what happens next?

Unlike NMOs, OOs do not automatically carry a power of arrest. The court can attach a power of arrest if there is evidence of violence or threats, but without this power you must apply for a warrant of arrest if the order is breached. The court can add a power of arrest to certain sections of an order, and if the perpetrator breaches those sections of the order, they can be arrested without the need for a warrant. The victim should report any breach where there is a power of arrest to the police.

Applications made without notice

In urgent cases, the court can grant a “without notice” order, which means the perpetrator is not informed before the order is made. Such orders are more commonly granted for NMOs, as the more severe consequences of an OO generally justify notifying the perpetrator in advance.

In November 2025, the President of the Family Division, Sir Andrew McFarlane, announced new practice guidance for protective orders that will become effective this week (week commencing 12 January 2026). Among other things, this guidance reminds the courts to consider the broad definition of domestic abuse set out at the start of this article. The guidance also sets out that, when the court receives a without notice application, it can:

• Make the without notice order without a hearing if there is sufficient evidence and it is just and convenient, and then list a second hearing within 28 days; or

• Refuse the application with reasons and list a hearing with notice within 21 days, allowing the victim to request reconsideration within two working days before notifying the other party; or

• List a without notice hearing within one working day so that the victim can give evidence before a decision is made.

NMO vs OO: which order – or both?

• Apply for an NMO if you are experiencing domestic abuse and you need protection from harm.
• Apply for an OO if you need to exclude someone from your home for safety reasons.

Because OOs have a higher threshold, many victims seek both orders. This means that you may have the protection of the NMO if the OO is refused, and an NMO can often be granted urgently whereas this is less common for OOs.

How can Forsters help?

Our Family team has extensive experience in securing injunctions for clients. We understand the urgency and sensitivity of these situations, and we will act swiftly and decisively to guide you through the process with care and compassion to ensure you and your family receive the protection you need.