Non-Molestation Orders & Occupation Orders

: Written by: Arshad Mahmood; Last Updated: 13 May 2026

A non-molestation order is a court order that protects you or your child from being harmed or threatened by the person who committed domestic violence or abuse.

A non-molestation order is a court order (injunction) that protects you or your child from being harmed or threatened by the person who has abused you. It is a civil order obtained by a victim of domestic abuse from a Judge (or Magistrates) through the Family Court.

An injunction is a court order directing a named person to do or refrain from doing something. Usually, in family law, people want injunctions against a husband, wife or partner. However, we may be able to apply for an order against anyone in your family, or with whom you have had a close relationship, who has used violence against you. You can also seek protection for your child.

An emergency injunction is an informal description for a court order made without notice/ex parte – it means the person you are applying against will not be aware of the injunction until it is served on him/her.

Ask a Question for Free Advice About Non-Molestation Order/Occupation Order

If you are experiencing domestic abuse, harassment, threats, intimidation, or controlling behaviour, obtaining urgent legal protection through a Non-Molestation Order or Occupation Order may be necessary. At Premium Solicitors, our experienced team of divorce and family law solicitors can provide confidential legal advice and representation for emergency court applications throughout England and Wales.

You can ask a question online about your Non-Molestation Order or Occupation Order matter, and one of our specialist family law solicitors will assess your circumstances and provide professional guidance tailored to your situation.

Non-Molestation Orders

Who can apply for a non-molestation order?

A person can apply for a non-molestation order if he/she has experienced violence, abuse or threatening behaviour from another person who is an 'associated person'. An associated person is usually either a relative or a person with whom you have had a close personal relationship, whether or not you have married or cohabited. This is determined by s.62(3) of the Family Law Act 1996 and covers most relationships, including:

Partners and former partners
Family relations (including in-laws)
People who live(d) together
People who have children together

You can apply for yourself or for a child. Often, it is helpful to write a letter to the Respondent before court proceedings are started. We call this a 'letter before action'

What is considered domestic violence or abuse for the purposes of a non-molestation order?

Domestic violence is classed as any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality. An adult is someone who is 18 years or over.

Family members, whether directly related, in-laws or step-family, are defined as:

mother
father
son
daughter
brother
sister, and
grandparents.

The legal definition of injury is when any harm is done to a person by the acts or omissions of another. Domestic Abuse can be in forms of physical, emotional, psychological and financial abuse. Many people are afraid to express the abuse that they are suffering, as they are unaware of the help they can receive. Most victims of domestic violence do not even realise that they are suffering from some form of domestic abuse.

How does a non-molestation order protect you?

A non-molestation order usually forbids an abuser from:

Using or threatening physical violence
Intimidating, harassing or pestering
Communicating with you (if appropriate)
Instructing or encouraging others
Entering the restricted zone e.g. not entering within a certain distance of the victim's place of residence/work place/place of study/child's school, etc. (zonal restrictions)

How can I apply for a non-molestation order?

You can apply for a non-molestation order (injunction) if you’ve been the victim of domestic violence. A non-molestation order is made using the FL401 application form. You can use form C8 if you want to keep your address and telephone number private. You should also submit a detailed witness statement telling the court what has happened and asking for the non-molestation order. The person applying for an order is referred to as the ‘applicant’, and the person against whom orders are sought is known as the ‘respondent’.

There is no court fee for applying for a non-molestation order.

For how long is a non-molestation order normally granted?

A non-molestation order can typically be granted for 6-12 months.

Occupation Orders

An occupation order is an order that someone must leave the home where you live, or allow you to return there if you have already left, or is only allowed to occupy certain parts of the home. The duration of the order depends upon the circumstances of your case. The court will make different orders depending on what rights you have to the property - for example, whether you are a lodger or an owner-occupier - and the relationship between you and the other person, known as the Respondent. It will also consider the needs of any children.

An occupation order regulates who can live in the family home, and can also restrict your abuser from entering the surrounding area. If you do not feel safe continuing to live with your partner, or if you have left home because of violence, but want to return and exclude your abuser, you may want to apply for an occupation order.

What relief can the applicant seek from the court in an occupation order?

Depending on the relationship between the parties, an Applicant may apply to the Court for one or more of the following:

to enforce the Applicant’s right to stay in the home
to require the Respondent to permit the Applicant to enter and remain in the home
to regulate the occupation of the home (for example, who may use what parts of the house and at what times)
to prohibit, suspend or restrict the Respondent’s rights to occupy the home (and in certain cases to terminate those rights)
to require the Respondent to leave the home or part of it
to exclude the Respondent from a certain geographical distance away from the home.

What factors will the court consider in making an occupation order?

In deciding whether or not to make an order the Court may consider the following factors:

the housing needs and housing resources of each of the parties and of any relevant child
the likely effect of the Order/not making an Order on the health, safety or well-being of the parties and of any relevant child
the conduct of the parties

How does an occupation order protect you?

An occupation order regulates the family home, such as:

Suspending rights to occupy or visit
Evicting an abuser from the home
Preventing an abuser from returning
100 metres of protection around the home

For how long is an occupation order normally granted?

An Occupation Order can be granted for 6-12 months.

How Can We Help?

Taking your statement - At the first appointment, our team will take a full statement from you. We will need a history of your relationship and details of recent incidents between you and the Respondent. Our team of family law solicitors may ask you for your written authority, for example, to write to your doctor, the hospital or the police for a report.

Preparation of documents - Our expert team of family law solicitors will prepare your application, along with a statement, setting out all the relevant facts of your case. If there are witnesses, our team of family law solicitors may also wish to see them to take statements so that further affidavits can be prepared and sworn by them. We will then take the application to the court, and a hearing date will be fixed. This is likely to be about a week ahead, unless your case is so urgent that a hearing the same day is required.

Specialist Family Law Solicitors for Non-Molestation Orders/Occupation Orders

Our family law solicitors are specialists in non-molestation orders and/or occupation orders. As one of the best family law solicitors, we have an excellent track record of helping clients with non-molestation orders and/or occupation orders. Our highly experienced and fully qualified family law solicitors can provide fast, friendly, reliable advice and legal representation for your application for a non-molestation order and/or occupation orders.

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At Premium Solicitors, our strength lies in the expertise, dedication, and unwavering commitment of our family law solicitors in London. We understand that domestic violence and abuse matters are complex and challenging, and our team is here to guide you through every step of the legal process with professionalism and care.

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