Injunction Order: Protection From Abuse and Harassment

Part of: Non Molestation Order

An injunction order is a family court order that tells one person to stop frightening, harassing or contacting another. It can also decide who stays in the family home. In an emergency, a judge can make the order before the other person knows about it. Our non molestation order specialists assist and advise when you feel unsafe with a partner, an ex or a relative. This page covers the law of England and Wales.

Reviewed by: Iblal Iqbal, Partner & Family Law Strategist, Kabir Family Law

What is an injunction order?

An injunction order is a court order that makes someone stop doing something, or makes them do something. In family cases it usually means one of two orders under Part IV of the Family Law Act 1996. The first stops molestation: violence, threats, pestering, phone calls, messages and turning up at your door. The second is an occupation order, which decides who may live in the family home and who must stay away from it.

People search for a domestic abuse injunction or a domestic violence injunction. Both names point to the same two family orders. However, other injunctions exist too, so it helps to know which one matches your problem.

Which type of injunction order do you need?

• Protection from abuse and contact. A non-molestation order bans violence, threats, harassment and pestering by a partner, an ex, a relative or another associated person (section 42).
• Safety in the home. An occupation order decides who lives there. For someone with no legal right to the home, each order or extension lasts six months at most, and some can be extended only once.
• A newer, wider order. The domestic abuse protection order is running in pilot areas only. Our guide to domestic abuse protection orders explains where and how it works.
• Harassment outside the family. For a neighbour, a colleague or a stranger, a county court injunction under the Protection from Harassment Act 1997 may fit better.
• Money rather than safety. If a former partner is hiding or selling assets during a financial dispute, a freezing injunction is the relevant order.

Harassment by an ex partner can usually go to the family court, because most former partners count as associated persons. We can help you work out which route fits before you apply.

Is an injunction order right for your situation?

People come to us at very different moments. You may recognise yourself here.

• An ex keeps messaging, calling or waiting outside, and it will not stop.
• A partner has hit you, or has threatened to, and you are afraid tonight.
• You want to stay in the family home, but you cannot while they are there.
• Someone uses your children to reach you, even after you asked for space.
• A relative is controlling what you spend, where you go and who you see.
• The police have been involved once, yet nothing formal protects you now.

What grounds does the family court look for?

First, you must be an associated person. That covers spouses, civil partners, relatives and people who live or lived together. It also covers couples who are or were engaged, and parents of the same child. A partner you never lived with counts too, if your relationship was intimate and lasted a significant time. Section 62 of the Act sets out the full list.

Then the judge weighs the health, safety and well-being of you and of any children, under section 42. You do not need a criminal conviction. You do not need bruises either, because threats, pestering and harassment count. For an order about the home, the judge also looks at each person’s housing needs, money and conduct. Where someone is likely to suffer significant harm, the balance of harm test in section 33 then compares the harm to you and your children against the harm to them.

What evidence helps your application?

Your own witness statement is the main evidence, so give it time. It ends with a statement of truth that you sign, and a deliberately false statement can lead to contempt proceedings. Judges look for dates, places and the exact words used. Gather what you can before you apply.

• Screenshots of messages, call logs and voicemails, in date order.
• Police incident or crime reference numbers, if you reported anything.
• Photographs of injuries or damage, with the date each one was taken.
• Notes from your GP, a midwife, a school or a support worker.
• Names of anyone who saw or heard an incident.
• A short timeline of the worst events, most recent first.

If the other person denies your account, the court may list a separate hearing to decide what happened. Our guide on applying for a fact-finding hearing explains that stage.

Can you get an injunction order without the other person knowing?

Yes, in the right case. Under section 45, the judge considers three things. First, would you or a child face a risk of significant harm if the order is not made at once? Second, would you be put off, or stopped, from going ahead if you had to wait? Third, does the other person know about the case but keep dodging the papers?

An emergency order made this way is an interim injunction. GOV.UK says it will usually last until your hearing, where the other person can give their side. So your statement should explain clearly why telling them first would put you at risk.

How do you apply for an injunction order, step by step?

1. Decide which order you need. Some people need protection from contact only. Others also need the home sorted out. Many ask for both at once.
2. Write your statement. Set out each incident, with dates, and say plainly what you fear will happen next.
3. File form FL401 with a family court that deals with domestic abuse. Send it with your statement by email, post or in person. Alternatively, prepare it online through the CourtNav service that GOV.UK links to. There is no fee, and form C8 keeps your address and phone number private.
4. Ask for an emergency order if you are at risk. Explain why the other person should not be told first. If the judge makes one, it usually lasts until the full hearing.
5. Arrange personal service. The other person must be handed the papers, and the court rules say you cannot hand them over yourself. GOV.UK says you can ask the court to serve them, on form D89, at no cost. Until they know about an emergency order, breaking it is not a crime.
6. Attend the full hearing. Now both sides can speak, and the judge decides whether the order continues, changes or ends.
7. Keep a copy with you. The court sends a non-molestation order and the statement of service to your local police station, so officers know the order exists if it is broken.

A hearing moves fast, and it helps to know what the judge will focus on. That is where a specialist helps most. If you have never been to a family court, read what happens at your first family court hearing.

How much does an injunction order cost?

The court charges nothing. GOV.UK states that there is no fee when you apply, although you can choose to pay for advice. So your only cost is the help you decide to buy, and you choose how much of that you want. Ask for a clear price before any work starts, and ask what each stage covers.

Domestic abuse injunction checklist: are you ready to apply?

Use this list to see where you stand. It is a starting point, not the whole application.

• I know whether I need protection from contact, a decision about the home, or both.
• I have noted the first, the worst and the most recent incident, each with a date.
• My messages, call logs and any police reference numbers are in date order.
• I know whether I need an emergency order, and why the other person should not be told first.
• I have thought about keeping my address and phone number private.
• I know how the papers will reach the other person, without handing them over myself.

The calls a checklist cannot make for you

A list shows you what to gather. It cannot tell you whether a judge is likely to act before the other person is told, whether to ask about the home as well, or how an order will sit alongside a case about your children. Those are judgement calls about your own risks. Book a free initial consultation, where one of our specialists gives you initial advice on the route that fits your situation.

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

• A vague statement. “He was aggressive” tells a judge little. Name the date, the place and the words used instead.
• Waiting months after the last incident. Delay makes an emergency order harder to justify, so apply while the events are recent.
• Asking for everything at once. An order that removes someone from their own home is serious, and the court tests it hard.
• Replying to the messages. Contact after the order muddies the picture, even when you are the one who was frightened.
• Skipping proper service. The papers must be handed to the other person. Otherwise it is hard to prove they knew about the order.
• Assuming every order works the same way. Breaking a non-molestation order is a criminal offence in itself. An occupation order is different: it leads to arrest without a warrant only where the judge attached a power of arrest (section 47). Our guide to committal for breaching a court order explains more, so check your order and report every breach.

How can our specialists assist and advise you?

We explain which order fits, and why. Then a specialist helps you shape your statement, so the court sees the pattern rather than one bad night. You will know what the judge is likely to ask, what the other side may say, and what happens at the full hearing. Our team also explains how an order sits alongside any child arrangements, so one case does not undo the other. Throughout, our specialists assist and advise, and you stay in charge of every decision.

What does the free initial consultation 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. Have your rough timeline to hand, plus any police reference numbers, and we will tell you honestly what your options look like.

Injunction order: frequently asked questions

What is the meaning of an injunction order?

An injunction order is a court order that forbids someone from doing something, or requires them to do something. In family law it normally means a non-molestation order, which bans abuse and contact, or an occupation order, which decides who may live in the family home. Both come from Part IV of the Family Law Act 1996.

What grounds can you get an injunction on?

You must be associated with the other person, usually as a partner, ex-partner, relative or co-parent. The court then looks at your health, safety and well-being, and at any children. Violence, threats, harassment and pestering all count. No criminal charge or conviction is needed first.

What evidence do you need for an injunction order?

Your own signed witness statement is the core evidence, and it should set out dates, places and what was said. Messages, call logs, photographs, police reference numbers and medical notes all support it. Witnesses help, though you can apply without them. Judges know that abuse often happens with nobody else in the room.

How long does the protection last?

It depends on the order. A non-molestation order can last for a set period or until the court orders otherwise, and you can ask to extend it before it ends. An occupation order for someone with no legal right to the home runs for six months at most at a time. An emergency order usually lasts until the full hearing.

What happens if someone breaks the order?

Breaching a non-molestation order without reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996, and it carries up to five years in prison. For an occupation order, police can arrest without a warrant only if the judge attached a power of arrest. Call 999 if you are in danger, and report every breach.

Worried about what tonight or tomorrow looks like? Speak to a specialist before you apply

Acting early gives the court a clearer picture, and it gives you options while the events are fresh. Book a free initial consultation, where one of our specialists gives you initial advice on which order fits your situation. You can also call 0330 094 5880, or return to non molestation orders for the detail on that route. If you are in immediate danger, call 999.

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

Expert Tip

We are often asked why a judge would not make an emergency order. A common reason is a statement that describes fear in general terms, but not the events behind it. The court may then list a hearing with notice instead. Set out the first incident, the worst one and the most recent, each with a date, the words used and any police reference. Then say plainly why the other person must not be told first.

Hannah Overton, Complex Children Specialist & Client Support