If you have experienced violence, threats, intimidation or controlling behaviour within a relationship, you may be unsure how to leave safely, protect your children, or what steps can be taken to prevent further abuse.
It is crucial to know that legal protection may be available through the Family Court. Depending on the circumstances, it may be possible to obtain orders preventing further abuse, restricting contact, and determining who can remain in the family home whilst longer-term arrangements are put in place.
Our family law solicitors regularly represent individuals who have experienced domestic abuse. We can advise you on the options available, help you obtain urgent protection where necessary, and work with you to develop a careful plan that takes account of your safety, your living arrangements and your longer-term objectives.
Your Options Following Domestic Abuse
Legal protection may be available through the Family Court, including:
- Non-Molestation Orders – restricting another person’s behaviour and providing protection from domestic abuse. Breach of a Non-Molestation Order is a criminal offence.
- Occupation Orders – dealing with occupation of the family home and, in some circumstances, requiring a person to leave the property.
- Forced Marriage Protection Orders – protecting individuals who are being forced into a marriage or are at risk of being forced into a marriage.
In urgent situations, we can prepare and submit applications to the Family Court at very short notice where immediate protection is required.
If you believe that you or your children are in immediate danger, you should contact the police. Where urgent legal protection is required, an application to the Family Court may also be possible without giving the other person advance notice.
How Our Domestic Abuse Solicitors Can Help
Domestic abuse cases often involve more than obtaining a court order. Individuals may need advice about leaving a relationship safely, arrangements for children, occupation of the family home and the practical consequences of separation. We can help you understand the options available and develop a strategy tailored to your circumstances.
Led by Sobiah Hussain, our family law solicitors regularly prepare applications for Non-Molestation Orders, Occupation Orders and other protective measures. These applications often require detailed witness statements addressing the history of the relationship, the incidents relied upon, and the specific protection being sought. We take a careful and considered approach, ensuring that applications are supported by the strongest available evidence and, where urgent protection is required, can act quickly to seek the court’s intervention.
People sometimes believe that they cannot apply for protection unless they have reported every incident to the police or have extensive documentary evidence. That is not necessarily the case. We look at the history of the relationship as a whole, what has happened recently and what evidence is available. Messages, emails, photographs, medical records and police involvement can all be relevant, but the applicant’s own evidence is also important.
Sobiah Hussain
Partner, Solicitor-Advocate, Collaborative Law Practitioner & Head of Private Family Law
Meet the teamProtective Orders and Related Issues
Domestic abuse is not limited to physical violence. The Family Court recognises a much wider range of behaviours, including threats, intimidation, harassment, coercive and controlling behaviour, emotional abuse and financial control. In some relationships, the behaviour develops gradually over time, leaving the individual affected feeling isolated, dependent or frightened of the consequences of leaving.
The court will consider the overall pattern of behaviour and its impact on the individual concerned. Behaviour does not need to result in physical injury before the court is prepared to intervene and provide protection.
A Non-Molestation Order is designed to protect an individual from domestic abuse by placing restrictions on another person’s behaviour. The order may prohibit violence, threats, intimidation, harassment or go wider and prevent any contact.
The court can tailor the terms of the order to the particular circumstances of the case, for example by permitting contact in a specified way. Breach of a Non-Molestation Order is a criminal offence and can result in arrest and prosecution.
When preparing an application, we carefully consider the evidence available and the specific protections being sought. In urgent situations, it may be possible to apply for a Non-Molestation Order at very short notice, including in some cases without the other person being notified before the court considers the application.
An Occupation Order deals with occupation of the family home and can determine who is entitled to remain at the property. Depending on the circumstances, the court may restrict access to parts of a property or require one person to leave the home altogether.
Occupation Orders are often sought alongside Non-Molestation Orders where there are concerns about an individual’s safety or wellbeing. The court will consider a range of factors, including the housing needs and resources of the parties, the impact on any children, and the likely consequences of making or refusing the order.
In urgent situations, it may be possible to apply for an Occupation Order at very short notice where immediate protection is required.
A Forced Marriage Protection Order is designed to protect an individual who is being forced into a marriage or is at risk of being forced into a marriage. The court has wide powers and can make orders against family members or others involved in arranging or facilitating the marriage.
The terms of the order will depend on the circumstances of the case and can be tailored to provide the protection required. In urgent situations, it may be possible to apply for a Forced Marriage Protection Order at very short notice where immediate protection is required.
Domestic abuse often gives rise to wider family law issues. Individuals may be considering separation, making arrangements for their children, or addressing concerns about the family home and finances.
Allegations of domestic abuse can also have a significant impact on Family Court proceedings involving children. The court will carefully consider any allegations raised when deciding what arrangements are in a child’s best interests.
Our family law solicitors can advise on both the immediate protections available and the wider issues that often arise following the breakdown of a relationship.
Evidence will depend on what has happened and you should not assume that you cannot apply for an order simply because you have not previously contacted the police.
Relevant evidence may include text messages, WhatsApp messages, emails, photographs, medical records, police reports, financial records or evidence from other people who have witnessed incidents. A detailed witness statement explaining the history of the relationship and the behaviour complained of will usually also be important.
Where an application is urgent, there may not be time to gather every piece of evidence before approaching the court. A solicitor can advise on what is available and what is needed at that stage.
Sobiah Hussain
Partner, Solicitor-Advocate, Collaborative Law Practitioner & Head of Private Family Law
Irrum Shah
Senior Associate Solicitor
Alison Page
Senior Associate Solicitor
Emma Macdonald
Chartered Legal Executive
Frequently Asked Questions
Yes. Depending on your relationship and circumstances, you may be able to apply for a Non-Molestation Order to protect you from violence, threats, harassment, intimidation or other abusive behaviour. An order can also restrict or prohibit contact.
In urgent cases, the Family Court can consider making a Non-Molestation Order without the other person being notified beforehand. This is sometimes referred to as a “without notice” application. The court will consider whether there is a sufficient reason for dealing with the application urgently without first hearing from the other person.
If an order is made without notice, there will usually be a further hearing at which the other person has an opportunity to respond.
Not necessarily. Police reports can be important evidence, but you do not have to show that the other person has been arrested or convicted before applying for a Non-Molestation Order.
The court can consider your witness statement together with other available evidence, which may include messages, emails, photographs, medical records or evidence from witnesses.
Yes. A Non-Molestation Order can include restrictions preventing someone from contacting or harassing you. The precise terms will depend on your circumstances and can address direct contact as well as other behaviour where appropriate.
In some cases, limited communication may still be necessary, particularly where there are children. The terms of the order can be drafted to take this into account.
Potentially, an Occupation Order can regulate who is allowed to live in the family home and, in some circumstances, require another person to leave.
Whether an Occupation Order is appropriate will depend on factors including your rights in relation to the property, each person’s housing needs and resources, the effect on any children and the likely consequences of making or refusing the order.
Breaching a Non-Molestation Order without reasonable excuse is a criminal offence. If you believe an order has been breached, you should keep any available evidence of what happened and consider contacting the police.
Yes. Allegations of domestic abuse can be highly relevant when the Family Court is deciding arrangements for children. The court’s primary consideration is the child’s welfare and it must consider whether the child or a parent may be at risk of harm.
Depending on the circumstances, this can affect whether contact takes place and how it is arranged.
Get in touch
Information is processed in line with UK GDPR and our Privacy Policy