Domestic abuse & injunctions

How our family team can assist you if you are experiencing domestic abuse

You are not alone. 2 million adults in the UK will experience domestic abuse every year. This abuse can be physical, emotional, psychological, financial or sexual. Thackray Williams have helped hundreds of women and men protect themselves and their children through our expert advice and assistance.

If you are feeling concerned about how your partner is behaving, our family team will support you throughout the entirety of your case, helping you to restore a sense of security in your life. Covering Bromley, West Wickham, Beckenham, Sevenoaks and London, our friendly and confidential legal advice is designed to help bring closure for victims of abuse and allow them to move forward.

Non-molestation orders and occupation orders in the UK: Legal protection from domestic abuse

Learn about non-molestation orders and occupation orders in the UK, including how to apply, legal protection from domestic abuse, court procedures and your rights.

Non-molestation and occupation orders

If you are suffering from violence, threats or intimidation, it is possible to apply in the family courts for an injunction to help protect you. There are two types of injunction:

• Non-molestation order
• Occupation order

What is a non-molestation order?

A non-molestation order is a court order that stops someone from harassing, threatening, or contacting you.

• Breaching the order is a criminal offence
• The police can arrest the person
• It can result in up to 5 years’ imprisonment

What is an occupation order?

An occupation order regulates who can live in the family home (or certain parts of it) and can restrict someone from entering the surrounding area.

• It does not affect ownership or financial interest in the property
• It only determines who can occupy the home

Can the court make an order without notice?

Normally, the respondent is informed before the court makes an order.

In urgent cases, the court can make a “without notice order” (also known as an emergency injunction).

This may happen if:

• You or your child could be seriously harmed if there is a delay
• You may be pressured into withdrawing your application
• The respondent is avoiding service

These situations are exceptional. Most applications are made on notice.

What counts as domestic abuse?

The court adopts a broad and modern definition of domestic abuse. It is not limited to physical violence.

It includes:

• Controlling or coercive behaviour
• Emotional or psychological abuse
• Financial abuse

However, in practice, allegations of physical violence are often required to justify an occupation order.

What will the order say?

Orders typically:

• Prohibit any contact (except agreed child arrangements or legal matters)
• Prevent the respondent from attending your home or other locations

Additional restrictions may include:

• Social media limitations
• Restrictions on tracking or surveillance

Orders will include a defined duration, usually between 6 and 12 months.

What happens if the order is breached?

Breaching a non-molestation order is a criminal offence.

• The police can arrest the respondent
• The respondent may face up to five years in prison

How is the order served?

The order is usually served personally by:

• A court bailiff, or
• A professional process server

You should not attempt to serve the order yourself.

If you are the respondent

• You will receive documentation asking whether you agree or wish to contest the order
• You must attend the hearing if you wish to challenge it
• You may apply to vary or discharge the order urgently

Will the order prevent all communication?

Not necessarily. If you have children, the order may allow limited communication for child arrangements through agreed channels.

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

You must be an “associated person”, which can include:

• Current or former spouses or civil partners
• Cohabitants or former cohabitants
• Fiancé(e)s
• Relatives
• Parents of a child
• Individuals in an intimate relationship of significant duration

Our expert family lawyers can advise whether you meet the criteria.

What is the procedure to apply?

The applicant must:

• Complete a court application form
• Prepare a detailed witness statement

The court will:

• Consider whether the application is urgent
• List a hearing
• Serve documents on the respondent (unless without notice)

The respondent will usually file their own evidence in response.

How quickly will the court act?

• On notice applications: Hearing usually within 21 days
• Without notice applications:
  • Immediate order with a return hearing within 28 days, or
  • Refusal with a hearing within 21 days, or
  • Short urgent hearing within 1 working day

How does the court decide?

Non-molestation orders
The court considers:

• Health, safety and wellbeing of the applicant and any child
• Evidence of molestation (physical, emotional, or psychological)

Molestation includes a wide range of behaviours and is not limited to violence.

Occupation orders
The court applies different legal tests depending on:

• The relationship between the parties
• Whether the applicant has a legal right to occupy the property

In some cases, the “balance of harm” test applies, weighing the risk of harm if the order is or is not made.

In other cases, the court exercises broad discretion based on all circumstances.

Who pays the rent or mortgage?

An occupation order may:

• Specify who can live in the property
• Require payment of rent or mortgage
• Address maintenance and repair obligations

Orders typically last 6–12 months and may be renewed.

Breach of an occupation order is not automatically a criminal offence, but the court may attach a power of arrest.

Undertakings (alternative to court orders)

Instead of making an order, the court may accept undertakings, which are formal promises to the court.

• Breach is contempt of court (not a criminal offence)
• Punishable by imprisonment
• No automatic power of arrest

Thinking about your next steps with a family matter?

We’re offering a free 30-minute telephone consultation to help you understand how our firm supports clients through divorce, parenting arrangements, property matters and more. This initial conversation is designed to learn about your situation, answer general questions about our services, and help you decide whether we’re the right fit for you.

There’s no obligation—just a chance to talk with a dedicated family lawyer and explore your options moving forward. Terms and conditions apply please speak to the team for more details.

After your free consultation, we may invite you to become a client of the firm. Until you formally engage us, we are still able to speak with your ex-partner or spouse if they contact us separately. Once you choose to instruct us, we will represent you exclusively and will no longer be able to speak with them about the matter.