With around 2.3 million people in England and Wales affected by domestic abuse in the year ending March 2024, knowing how the UK legal system can help protect you and your loved ones has never been more important.
Many only turn to legal advice after the worst has happened. This article highlights practical legal steps you can take for extra protection beyond just reporting to the police.
Domestic abuse covers an umbrella of behaviour, more than physical violence. It includes sexual, emotional, financial and psychological harm.
Family courts, under the Family Law Act 1996, offer protection through non-molestation and occupation orders. We’ll explain these key safeguards and how they work.
Non molestation order
A non-molestation order is a legal tool to protect you from harassment or any behaviour that counts as domestic abuse.
To get one, the person you need protection from must be closely connected to you for example, a current or former partner, someone you live with or used to live with, a relative, or someone you share children with.
These orders can stop someone from being violent, making threats, harassing, intimidating, contacting you, or coming near places like your home or your child’s school. If you seek advice on non-molestation orders, B P Collins would tailor the contents of any order to suit your specific needs.
When the court considers your application, they look at all circumstances of your matter, especially your safety and that of any children. If the order is granted, it usually lasts 6–12 months, and breaking it is a criminal offence, meaning the police can arrest the person if they breach it.
Occupation order s33-38 FLA
An occupation order is a legal order that decides who can live in the family home, especially in situations where people are connected as partners, spouses, or cohabitants. With this order, a court can restrict someone -even if they have a legal right to the property – from entering or living in the home for a set period.
When deciding on an occupation order, the court looks carefully at:
• Each person’s housing needs
• Their financial situation
• The impact of the decision on everyone’s health and safety
A key part of the process is the balance of harm test: if the person applying is likely to suffer serious harm if the order isn’t made, the court generally must grant it, unless making the order would cause even greater harm to the other person.
Occupation orders are short-term solutions, usually lasting up to six months, but they can be extended if needed, depending on the circumstances
No one should have to face domestic abuse alone or feel unsure about the protections available to them. The law offers powerful safeguards through non-molestation and occupation orders, but every situation is unique and the right legal approach can make all the difference.
If you are experiencing any form of abuse or you’re unsure whether your partner’s behaviour qualifies as abuse, there are practical steps you can take. Read our article on what support and safeguards can be put in place.
If you or someone you know is affected, don’t wait for things to get worse. Take control of your safety and future by speaking to our specialist family team at B P Collins today for personalised advice and support. You can get in touch by emailing enquiries@bpcollins.co.uk or call 01753 889995.
