Protective Orders After Domestic Abuse: Which One Fits You?

Part of: Domestic Abuse Protection Orders (DAPOs): The New Protection Order Explained

Protective orders are court orders that keep an abuser away from you or out of your home. In England and Wales, the main protective orders are non-molestation orders, occupation orders, forced marriage protection orders and FGM protection orders. A newer domestic abuse protection order is open only in pilot areas for now. This page helps you see which order fits, and our guide to non-molestation orders covers the most common one in detail. We regularly advise and assist clients who are offered a promise, called an undertaking, in place of an order. It is a weaker form of protection: breaking it is not a crime in itself, and no power of arrest can go with it. If you are in danger right now, call 999 first.

Reviewed by: Hannah Overton, Complex Children Specialist & Client Support, Kabir Family Law

If you are in danger now, call 999. If you cannot speak and you are on a mobile, press 55 to have your call put through to the police. For free, confidential support at any time, call Refuge’s National Domestic Abuse Helpline on 0808 2000 247. In Wales, you can also call Live Fear Free on 0808 80 10 800.

Which protective order fits your situation?

Start with what you need to stop. Then think about who the person is, because some protective orders only work against certain people. Each order below links to a fuller guide where we have one.

• To stop threats, contact or harassment: a non-molestation order. It can also protect a child, such as a child who lives with you (s.42).
• To decide who lives in the home: an occupation order. It can keep someone out, or let you back in. Before it decides, the court weighs up the harm to each person.
• To stop a forced marriage: a forced marriage protection order. It can protect you before or after a marriage. Someone else, such as a relative, can apply with the court’s permission (s.63C).
• To protect a girl from FGM: an FGM protection order. It can cover acts abroad as well as here, and someone else can also apply with permission (Female Genital Mutilation Act 2003, Sch. 2).
• For wider conditions, such as a tag: a domestic abuse protection order (DAPO). It covers every form of domestic abuse, but only in pilot areas for now.
• When the police step in: in pilot areas, officers can give a domestic abuse protection notice. Elsewhere, they can give a domestic violence protection notice and then ask a magistrates’ court for a domestic violence protection order. Either way, the notice gives short-term protection while they apply to court.

Before you apply: what do you need protection from?

First, think about who the person is. If they are a partner, an ex-partner or someone you lived with, most family court orders are open to you. Relatives, such as a parent or sibling, also count, so most orders fit. If the person has no close tie to you, many orders are closed, but forced marriage and FGM orders are not.

Next, match what you need to happen with the order to ask about. More than one row may fit.

Where choosing between protective orders gets harder

• Whether the law treats the person as close enough to you for each order.
• Whether to ask for an emergency order now, or to give notice first.
• How an order would sit alongside any case about your children.

These calls turn on your own facts. So talk them over with our family law specialists in a free initial consultation. Book a free initial consultation and bring the rows that fit you.

Who can apply for a protective order after domestic abuse?

For most family court protective orders, you and the other person must be “associated” (s.62). That covers many close ties, for example:

• a husband, wife or civil partner, now or in the past;
• a partner or ex-partner, if the relationship lasted a significant time;
• someone you live with or used to live with, but not just a lodger or tenant;
• a relative, such as a parent, brother, sister, aunt or uncle;
• someone you were engaged to, if it ended less than three years ago;
• the other parent of your child.

If you are under 16, you need the High Court’s permission first. Forced marriage and FGM orders do not need this link. A DAPO uses a similar test called “personally connected”, from the Domestic Abuse Act 2021. That Act also gives domestic abuse a legal definition. It includes controlling or coercive behaviour and economic abuse, not only violence (s.1).

How do you apply for a protective order, step by step?

1. Get safe first. If you are at risk right now, call 999 before anything else.
2. Pick the right form. Use form FL401 for a non-molestation or occupation order. Forced marriage cases use FL401A, while FGM cases use FGM001. In a pilot area, a DAPO uses form DA1. If you apply for someone else, there is also a form to ask the court’s permission.
3. Explain what happened. Add a statement in your own words, with dates. It must end with a signed statement of truth.
4. Keep your address private. Fill in form C8 if you do not want the other person to see your contact details.
5. Ask for an emergency order if you need one. The court can act “without notice” if there is a risk of significant harm, or if you might be put off or prevented from going ahead unless the order is made straight away (s.45).
6. Let the court serve the papers. Do not hand them over yourself. For a non-molestation or occupation order, form D89 asks the court to serve them for free.
7. Go to the hearing. It takes place in private. You can ask for a video or phone hearing, and you can also ask not to be questioned by the other person. Our guide to attending court with a domestic abuse history explains more.
8. Hear the decision. The judge may make an order, or a short-term order while more facts come in. Otherwise, the judge may accept a promise, called an undertaking.
9. After the order. The court sends a copy to the police. If you still need protection near the end date, apply to extend the order before it runs out.

Some steps are judgement calls, such as whether to ask for an emergency order. Our specialists can explain those choices before you apply.

What happens if someone breaks a protective order?

Breaking most of these orders is a crime. For a non-molestation order, the maximum is five years in prison (s.42A). The same maximum applies to forced marriage orders (s.63CA), FGM orders (Sch. 2, para. 4) and DAPOs (Domestic Abuse Act 2021, s.39). So if someone breaks an order, call the police.

A non-molestation order does not carry a power of arrest. It does not need one, because breaking it is a criminal offence in itself, so the police can use their ordinary arrest powers. Occupation orders work a little differently. If the person has used or threatened violence, the court will usually attach a power of arrest to the occupation order. Then the police can arrest them without a warrant (s.47).

An undertaking is weaker, because breaking it is not a crime and no power of arrest can go with it (s.46). For that reason, a court should not take one instead of a non-molestation order if there has been violence or threats and a proper order is needed.

What is an undertaking in law, and is it enough?

An undertaking is a formal promise made to the court, usually by the person you are applying against, that they will not do certain things, such as contact you or come to your home. The court can accept one instead of making a non-molestation order or an occupation order, and it is often offered at the first hearing as a way to settle your application without the court deciding what happened.

An undertaking is binding. Under section 46 of the Family Law Act 1996 it can be enforced as if the court had made an order in the same terms. Breaking it, though, has very different consequences from breaking a non-molestation order.

Accepting an undertaking instead of protective orders: what to weigh up

The law puts two limits on when the court may accept one. It must not take an undertaking instead of a non-molestation order where the other person has used or threatened violence against you or a relevant child, such as a child who lives with you, and an order is needed so that any breach can be punished as a crime (s.46(3A)). Nor can it take one instead of an occupation order where it would otherwise attach a power of arrest (s.46(3)), which it usually must do once there has been violence or threats (s.47(2)).

The pressure usually comes on the morning of the hearing, when an undertaking is offered as the quick way to finish. It can be sensible to accept one where there has been no violence and you want the matter closed. But if you need the police to be able to step in, you may be left holding a promise that only the family court can enforce, and only once you apply to it again. Book a free initial consultation before you agree to an undertaking.

Where can you get domestic violence legal help with protective orders?

Many people look for help on protective orders without knowing which order to ask for. Our family law specialists assist and advise at each stage. For example, we can:

• explain which order fits your situation, and why;
• talk you through the evidence a judge is likely to look at;
• help you get ready for the hearing, so you know what to expect;
• explain how an order sits alongside a case about your children, including Practice Direction 12J;
• help you plan what to do if the order is broken.

If children are involved, our guide to domestic abuse and child contact explains how courts approach contact after abuse.

What can go wrong with protective orders, and how do you avoid it?

• Waiting too long. A long delay can make an emergency order harder to justify. So keep a dated note of what happens, and ask for advice early.
• Choosing an order that is not open to you. For example, a DAPO only works if the other person lives in a pilot area. If they do not, GOV.UK points you to a non-molestation or occupation order instead.
• Sharing your address by mistake. Leave it off the main form and use form C8 instead.
• Serving the papers yourself. This can put you at risk. For a non-molestation or occupation order, GOV.UK says not to do it yourself.
• Letting an order lapse. Many orders last for a set time. If you still need protection, apply to extend before the end date.
• Taking a promise without knowing its limits. An undertaking carries no power of arrest, so ask what that means for you first.

What does the free initial consultation on protective orders cover?

A free initial consultation is a conversation with a specialist, who gives you initial advice tailored to your circumstances. It does not include drafting or reviewing documents. It helps to have a few things ready:

• a short timeline of what has happened, with dates;
• any messages, photos or notes you have kept;
• details of any police contact or past court orders;
• whether children live with you, and any arrangements already in place.

If it is not safe to talk at home, choose a time and a phone that feel safe when you book.

Frequently asked questions

What are protective orders for domestic abuse?

They are civil court orders that protect you from someone who is abusing you. The main ones are non-molestation orders, occupation orders, forced marriage protection orders and FGM protection orders. In pilot areas, courts can also make a domestic abuse protection order, which covers every form of domestic abuse.

How much does it cost to apply for a protective order?

There is no court fee to apply for a non-molestation or occupation order. There are no court fees for a domestic abuse protection order either, and GOV.UK says a forced marriage protection order is free. You may still choose to pay for advice.

Can I get an order without the other person knowing?

Yes, in urgent cases. You can ask for an emergency order, known as a without notice order. The court looks at the risk of significant harm, and at whether you might be put off or prevented from going ahead unless the order is made straight away. After that, the other person gets a chance to respond at a full hearing.

How long does a protective order last?

It depends on the order. A non-molestation order can last for a set time or until the court orders otherwise. A domestic abuse protection order has no minimum or maximum length. Some occupation orders have strict time limits. So check the end date on your order, and apply to extend it in time if you still need protection.

Can the police apply for a protective order for me?

Yes, in some cases. In pilot areas, the police can give a domestic abuse protection notice and must then apply to a magistrates’ court for a domestic abuse protection order. Elsewhere, they can give a domestic violence protection notice and must then apply for a domestic violence protection order, which lasts 14 to 28 days. The police cannot apply for a non-molestation order for you, so you would apply for that yourself.

Can a protective order shield my children from abuse too?

Yes. A non-molestation order can protect a relevant child, such as a child who lives with you. However, it does not decide where children live or when they see each parent. Those questions go through a separate children case, where Practice Direction 12J sets out how the court deals with domestic abuse.

Facing domestic abuse? Ask about protective orders before you apply

Early advice can help you choose the right order and prepare for the hearing with less worry. Book a free initial consultation, where one of our specialists gives you initial advice tailored to your circumstances, or call 0330 094 5880. You can also read our full guide to non-molestation orders.

General information about the law in England and Wales, not advice on your circumstances.

Expert Tip

We are often asked whether to wait for one more incident before applying. Waiting rarely helps. When a judge looks at an urgent application, the question is the risk now, and a long delay can make it harder to explain why you need protection straight away. Write down what has happened while it is fresh, with dates, and keep any messages. Then get advice promptly, even if you are not sure which order fits.

Iblal Iqbal, Partner & Family Law Strategist