How to get a domestic violence injunction

Domestic abuse can leave survivors feeling trapped, fearful, and unsure of where to turn. If you’re in this situation, please know that you are not alone. There are legal steps you can take to help keep yourself and your children safe.

This guide explains the protective orders available under family law in England and Wales, including non-molestation orders and occupation orders. These are civil court orders designed to help you feel safer and more secure.

What are domestic violence injunctions?

A domestic violence injunction is a court order that protects you from abuse or harassment by someone you are closely connected to. This could be a current or former partner, family member, or someone you live with or have lived with.

These orders set clear boundaries about what the abusive person (called the respondent) can and cannot do. For example, they may be forbidden from contacting you, coming near your home, or behaving in a threatening or harassing way.

Importantly, these are civil orders. You do not need to prove a crime has been committed in the same way you would in a criminal court. Instead, you need to show the court that you have experienced abuse or are at risk of experiencing it. The court uses a lower threshold of evidence because its main goal is to protect you, not to punish the abuser.

Different types of injunctions

Family law in England and Wales provides several types of protective orders. The two most common are:

• Non-molestation orders: These protect you from harassment, threats or violence.
• Occupation orders: These regulate who can live or enter your home.

Each type of order offers different protections, and you may be able to apply for both at the same time. Understanding which order suits your situation is important, and legal advice can help you decide.

Non-molestation orders

A non-molestation order is one of the most commonly used legal protections for victims of domestic abuse. It is designed to stop someone from being violent, threatening, intimidating, harassing, or pestering you. Importantly, it covers more than just physical violence, it also includes emotional abuse, psychological abuse, controlling behaviour, and any actions that make you feel afraid or distressed.

The order can protect you and your children. It can prevent the abuser from contacting you directly or indirectly. That means they cannot approach you, call you, send messages, or use others, such as friends or family, to reach you. Many modern orders often include restrictions on social media and electronic communication.

Non-molestation orders typically last between six months and a year, but they can be extended if you still need protection.

Occupation orders

An occupation order decides who can live in the family home. This type of injunction is especially important if you share a home with the person who is abusing you and need them to leave so you can remain safely in your home.

The court can order the abuser to:

• Leave the property entirely
• Stay away from certain areas (like the garden or specific rooms)
• Allow you to return to a home you’ve had to leave because of abuse

Occupation orders are more complex than non-molestation orders because they affect property rights. The court will consider:

• The housing needs of both parties
• The impact on any children involved
• Financial resources
• The severity of the abuse

Occupation orders are usually granted for shorter periods, typically six months initially, but they can be extended.

Other protective orders

In addition to non-molestation orders and occupation orders, there are other legal protections available:

• Restraining orders: Usually issued by criminal courts after a conviction or acquittal, but they can offer similar protections.
• Forced marriage protection orders: Prevent someone from being forced into a marriage or help someone who has already been forced.
• Female genital mutilation (FGM) protection orders: Protect girls and women from FGM or help those at risk.

Emergency orders

If you are in immediate danger, you may be able to apply for an emergency order without the abuser being notified in advance. These are ex parte or without notice orders. The court can grant protection quickly, and the abuser will be informed only after the order is made.

Eligibility criteria

To apply for a non-molestation order or occupation order, you must be what the law calls an "associated person" with the individual you're seeking protection from.

This includes:

• Current or former spouses or civil partners
• Someone you live with or have lived with
• A person you are dating or have dated
• A family member (e.g. parent, sibling, aunt, uncle)
• Someone with whom you share parental responsibility for a child

You don't need to prove abuse to the criminal standard. Instead, the court uses a civil standard of proof, known as the balance of probabilities. This means you must show that it’s more likely than not that you’ve experienced abuse or are at risk of it. Abuse can include physical violence, threats, controlling behaviour, harassment, or a pattern of harmful conduct.

The court’s priority is your safety and wellbeing. Even if there hasn’t been recent physical violence, evidence of escalating verbal abuse, intimidation, or coercive control may be enough for the court to act.

How to apply

To apply for a domestic violence injunction, you’ll need to complete Form FL401, which is used for both non-molestation orders and occupation orders. You’ll also need to write a supporting statement explaining your situation.

You submit your application to your local family court, and there's typically no court fee for domestic violence applications.

Your statement should include specific details about incidents of abuse, including dates, what happened, and how it affected you. Include any evidence you have, such as photographs of injuries, threatening messages, medical records, or police reports. Witness statements from people who've observed the abuse can also strengthen your application.

Many people find it helpful to work with a domestic abuse solicitor, though legal representation isn't mandatory. You may qualify for legal aid for domestic violence cases, which can cover the costs of legal advice and representation.

In emergencies, the court can grant injunctions on the same day you apply, sometimes within hours. These initial orders are temporary, and a full hearing will be scheduled within days.

What happens in Court?

For the full hearing, both you and the person you're seeking protection from will have the opportunity to present your cases. You'll typically need to give evidence about the abuse you've experienced, and the other party can respond.

Courts understand that discussing abuse is difficult, and measures can be put in place to make you feel safer, such as screens in the courtroom or separate waiting areas. A supporter can accompany you.

The judge will consider all the evidence and decide whether to grant the injunction. They'll weigh the harm you might suffer if the order isn't made against any harm the other person might suffer if it is. The safety of any children involved is also a paramount consideration.

If the order is granted, it will specify exactly what the person cannot do and how long the order lasts.

Can orders be challenged or extended?

Once granted, an injunction can be challenged by the person it's made against through an appeal or an application to vary or discharge the order. They would need to show that circumstances have changed or that the original order was inappropriate.

If you continue to feel at risk as your injunction approaches its expiry date, you can apply to extend it. You'll need to demonstrate that the threat hasn't diminished, and you still require protection. Many orders are extended when abuse continues or the risk remains.

If the person breaches the injunction, you should report it to the police immediately.

Breach of a non-molestation order is an arrestable criminal offence carrying a potential prison sentence of up to five years.

Your rights after the order is granted

Once an injunction is granted, you have the right to live without fear of the prohibited behaviour. The order should clearly state what the other person cannot do, and they must adhere to these restrictions.

You have the right to report any breach to the police, who must take breaches of the order seriously.

Keep a copy of the order with you, and don't hesitate to call 999 if you feel in immediate danger.

The order doesn't automatically affect other matters like child arrangements or divorce proceedings, though it may influence decisions in those areas. You maintain all your other legal rights, and the injunction simply adds an extra layer of protection.

Remember that breaking free from domestic abuse is a process, and an injunction is one important tool among many. Organisations like Women's Aid, Refuge, and Victim Support can provide additional practical and emotional support as you rebuild your life safely.

If you're experiencing domestic violence, you don't have to face it alone. Legal protections exist to help you, and seeking an injunction could be a crucial first step toward a safer future.