Domestic violence and abuse can affect anyone, regardless of their gender, age, sexuality, ethnicity, religion or financial circumstances. Abuse may take place during a relationship, after separation or between family members.
At Premium Solicitors, our experienced family law solicitors provide confidential and sensitive legal advice to people affected by domestic abuse. We can advise you about the protective measures available through the Family Court, including urgent applications for a non-molestation order, occupation order or, where available, a Domestic Abuse Protection Order.
We also represent individuals who need advice about allegations of domestic abuse in divorce, separation, child arrangements or other family law proceedings.
Are You in Immediate Danger?
If you or someone else is in immediate danger, call 999 and ask for the police.
When calling 999 from a mobile phone, if you cannot speak, listen to the operator and press 55 when prompted to have the call transferred to the police. Pressing 55 does not itself allow the police to identify or track your location, so provide information where it is safe to do so.
In England, free and confidential support is also available 24 hours a day through the National Domestic Abuse Helpline on 0808 2000 247.
What Is Domestic Abuse?
Domestic abuse is not limited to physical violence.
Under the Domestic Abuse Act 2021, behaviour may amount to domestic abuse where the individuals involved are aged 16 or over, are personally connected to each other and the behaviour is abusive. The behaviour may be a single incident or an ongoing course of conduct.
The statutory definition includes:
- Physical or sexual abuse;
- Violent or threatening behaviour;
- Controlling or coercive behaviour;
- Psychological or emotional abuse;
- Economic abuse; and
- Other abusive behaviour.
The people involved may be married, civil partners, cohabitants, current or former intimate partners, relatives or people who share parental responsibility for a child.
Different Forms of Domestic Violence and Abuse
Domestic abuse can take many forms. A person does not have to suffer a physical assault before seeking legal protection.
Physical abuse
Physical abuse may include hitting, pushing, kicking, biting, strangulation, damaging property, preventing someone from leaving a room or threatening physical violence.
Controlling or coercive behaviour
Controlling or coercive behaviour may involve isolating someone from friends and family, controlling where they go, monitoring their communications, imposing unreasonable rules or repeatedly intimidating and humiliating them.
Emotional and psychological abuse
This may include insults, threats, humiliation, gaslighting, persistent criticism, manipulation or behaviour intended to damage a person’s confidence and independence.
Economic abuse
Economic abuse can include controlling access to money, withholding essential funds, preventing someone from working, taking out debts in their name or interfering with their ability to obtain goods and services.
Sexual abuse
Sexual activity without free and informed consent may amount to sexual abuse, including where the individuals are married, civil partners or in an intimate relationship.
Harassment, stalking and online abuse
Domestic abuse may continue after separation through repeated calls, unwanted messages, surveillance, social media abuse, tracking devices, threats or attending a person’s home or workplace.
Government guidance expressly recognises that domestic abuse may include coercive control, gaslighting, economic abuse, online abuse, threats, intimidation, emotional abuse and sexual abuse.
Domestic Abuse After Separation
Domestic abuse does not necessarily end when a relationship ends. In some cases, controlling or intimidating behaviour escalates following separation.
Post-separation abuse may include:
- Repeated unwanted communication;
- Threats concerning children or finances;
- Using child contact arrangements to continue controlling behaviour;
- Monitoring a former partner’s movements;
- Withholding money or essential documents;
- Making threats about immigration status;
- Harassing a former partner’s relatives or new partner; or
- Repeatedly commencing unnecessary court proceedings.
Our domestic abuse solicitors can assess your circumstances and advise whether an urgent protective injunction or another family court order may be appropriate.
Children Affected by Domestic Abuse
Children can be seriously affected by domestic abuse even where the abusive behaviour is not directed at them personally.
The Domestic Abuse Act 2021 recognises a child as a victim of domestic abuse where the child sees, hears or otherwise experiences the effects of abuse involving a parent, relative or person with parental responsibility.
Domestic abuse may also be relevant when the Family Court determines:
- With whom a child should live;
- Whether a child should spend time with another parent;
- Whether contact should be supervised;
- Whether indirect contact is appropriate;
- Whether protective conditions should be imposed; or
- Whether contact would expose the child or a parent to an unacceptable risk of harm.
Practice Direction 12J requires the Family Court to address allegations or evidence of domestic abuse in child arrangements proceedings. Depending on the disputed issues, the court may consider whether a fact-finding hearing or further safeguarding assessment is required before making final arrangements for a child.
Non-Molestation Orders
A non-molestation order is a protective injunction made under Part IV of the Family Law Act 1996.
It may protect an applicant or a relevant child from abuse, harassment, threats or other prohibited conduct. The order may also prevent the respondent from approaching the applicant’s home, workplace, school or another specified location.
Depending on the circumstances, a non-molestation order may prohibit a respondent from:
- Using or threatening violence;
- Harassing, intimidating or pestering the applicant;
- Contacting the applicant directly or indirectly;
- Sending abusive messages;
- Instructing another person to contact or threaten the applicant;
- Attending or approaching the applicant’s home; or
- Damaging the applicant’s property.
Breaching a non-molestation order without reasonable excuse is a criminal offence. The police may arrest a person suspected of breaching the order.
Occupation Orders
An occupation order regulates who may live in, enter or return to the family home.
Depending on the legal relationship between the parties and their respective rights in the property, the court may:
- Require a person to leave the family home;
- Prevent a person from entering the home;
- Permit an applicant to return to the property;
- Divide the occupation of different parts of the home;
- Restrict access to the surrounding area; or
- Regulate the parties’ respective occupation rights.
An occupation order does not necessarily decide the long-term ownership of the property. It is generally intended to address who may occupy the home while protection or other family law issues are resolved. Government guidance confirms that an occupation order can determine who should live in or return to the home or any part of it.
Emergency and Without-Notice Injunctions
Where immediate protection is required, it may be possible to ask the Family Court to consider an application without first notifying the respondent. This is commonly known as a without-notice or ex parte application for a Non-Molestation Order.
The court may make an interim order before the respondent has attended court. The court will usually arrange a further hearing at which the respondent can attend and respond to the allegations.
Whether a without-notice application is appropriate depends on factors such as:
- The seriousness and immediacy of the risk;
- Whether notifying the respondent could place someone at further risk;
- Whether the respondent may attempt to prevent the application from being effective; and
- The available evidence.
Our domestic violence solicitors can prepare the application, supporting witness statement and relevant court documents and provide representation at the emergency hearing.
Applying for a Domestic Abuse Injunction
Applications for non-molestation and occupation orders are generally made using Form FL401, together with a supporting witness statement explaining the history of the relationship, the abusive behaviour and the protection required.
There is currently no court fee for making an application for a non-molestation order or occupation order.
A supporting statement should be clear, accurate and focused on the legally relevant facts. Depending on the circumstances, supporting material may include:
- Police incident or crime reference numbers;
- Text messages, emails or social media communications;
- Photographs;
- Medical evidence;
- Evidence from domestic abuse support organisations;
- Statements from witnesses;
- Financial records demonstrating economic abuse; or
- Previous court orders or undertakings.
An injunction application can still be considered even where the abuse has not previously been reported to the police. The court will consider the application and evidence placed before it.
Domestic Abuse Protection Orders
A Domestic Abuse Protection Order, commonly referred to as a DAPO, can impose a broader range of protective requirements and restrictions. For example, a DAPO may prevent someone from approaching a home, regulate occupation, require attendance on a behaviour-change programme or require electronic monitoring.
DAPOs remain subject to geographical availability. Current government guidance limits family court DAPO applications to specified pilot areas, including Greater Manchester, certain London boroughs, parts of Cleveland and North Wales.
We can assess whether a DAPO is available in your circumstances or whether a non-molestation order, occupation order or another form of protection should be considered.
Domestic Abuse and Child Arrangements
Where allegations of domestic abuse arise in child arrangements proceedings, the welfare and safety of the child remain central considerations.
The Family Court may need to determine:
- Whether the alleged abuse occurred;
- Whether the child or either parent remains at risk;
- Whether direct contact can take place safely;
- Whether contact should be supervised or supported;
- Whether communication should take place through a third party or parenting application; and
- Whether protective conditions or restrictions are required.
Domestic abuse may also provide an exemption from the usual requirement to attend a Mediation Information and Assessment Meeting before making certain children applications, provided the relevant conditions are satisfied. Urgency and child protection concerns may also support an exemption.
Responding to a Non-Molestation or Occupation Order
Being served with a domestic abuse injunction is a serious matter. You should read the order carefully and comply with every restriction unless and until the court varies or discharges it.
A respondent may be entitled to:
- Attend the return hearing;
- File evidence in response;
- Dispute factual allegations;
- Propose alternative protective arrangements;
- Apply to vary or discharge the order; or
- Offer an undertaking where legally appropriate and acceptable to the court.
You should not contact the applicant in breach of the order, even where you believe the allegations are inaccurate or exaggerated. A breach may result in arrest, criminal proceedings or other serious consequences.
Premium Solicitors can advise applicants seeking protection as well as respondents who need representation in injunction proceedings.
Can I Get Legal Aid for a Domestic Abuse Case?
Legal aid may be available for certain domestic abuse and related family law matters where the relevant scope, evidence, financial eligibility and merits requirements are satisfied.
Evidence may potentially be obtained from the police, courts, medical professionals, social services, domestic abuse organisations, employers, education providers or financial institutions. A person does not have to obtain all the evidence before speaking to a legal aid adviser.
Not every family law firm offers services under a legal aid contract. Premium Solicitors do not act for clients under Legal Aid. Where public funding is unavailable, we can explain the private-fee options offered by Premium Solicitors.
How Our Domestic Abuse Solicitors Can Help
Our family law solicitors can assist with:
- Urgent non-molestation order applications;
- Occupation order applications;
- Without-notice injunctions;
- Domestic Abuse Protection Orders where available;
- Applications to extend, vary or discharge an injunction;
- Responding to non-molestation and occupation order applications;
- Preparing detailed witness statements;
- Representation at Family Court hearings;
- Domestic abuse allegations in child arrangements cases;
- Fact-finding hearings;
- Divorce and financial proceedings involving domestic abuse;
- Protective arrangements concerning children; and
- Advice about confidentiality and keeping an address private.
We understand that discussing domestic abuse can be difficult. Your matter will be handled sensitively, confidentially and without judgement.
Why Choose Premium Solicitors?
By instructing Premium Solicitors, you can benefit from:
- Advice from experienced family law solicitors;
- A confidential and sensitive approach;
- Clear advice about your legal options;
- Assistance with urgent Family Court applications;
- Representation for both applicants and respondents;
- Transparent information about legal costs;
- Remote appointments by telephone or video conference; and
- Legal services available through our London and Birmingham offices.
Speak to a Domestic Violence and Abuse Solicitor
Taking legal advice does not commit you to starting court proceedings. An initial discussion can help you understand the risks, available protective measures and the practical steps that may be taken.
Contact Premium Solicitors to arrange a confidential consultation with one of our domestic violence and abuse solicitors.
We can advise you about non-molestation orders, occupation orders, child arrangements, divorce, financial matters and other family law issues arising from domestic abuse.
FAQs - Domestic Violence and Abuse
The following are various Frequently Asked Questions (FAQs) about domestic violence and abuse:
Is domestic abuse limited to physical violence?
No. Domestic abuse may include physical or sexual abuse, threatening behaviour, coercive control, emotional or psychological abuse, economic abuse, harassment and online abuse. It may consist of one incident or an ongoing pattern of behaviour.
Can I apply for an injunction without reporting the abuse to the police?
A previous police report is not an automatic requirement for making an application. The application must be supported by evidence, usually including a witness statement explaining what happened and why protection is required.
Can I obtain an emergency non-molestation order?
You may ask the Family Court to consider an emergency application without first notifying the respondent. The court will decide whether a without-notice order is justified in the circumstances.
Can a non-molestation order protect my children?
Yes. A non-molestation order may protect the applicant and any relevant child from abuse, harassment, threats or other prohibited behaviour.
Does it cost anything to apply for an injunction?
There is no court application fee for a non-molestation order or occupation order. You may still incur legal fees if you instruct a solicitor to advise, prepare the application or represent you.
What happens if a non-molestation order is breached?
Breaching a non-molestation order without reasonable excuse is a criminal offence. You should contact the police if the order is breached and you are at risk.
Can an occupation order remove someone from the family home?
Depending on the circumstances, an occupation order may require someone to leave the property, prevent them from entering it or regulate which parts of the home each person may occupy.
Will domestic abuse affect child contact arrangements?
It can. The court must consider allegations or evidence of domestic abuse when deciding where a child should live or whether and how the child should spend time with a parent. The court’s decision will depend on the child’s welfare and the identified risks.
Can I challenge a non-molestation order made against me?
You may be able to oppose the continuation of the order, file evidence, attend the return hearing or apply to vary or discharge it. You must continue to comply with the order while it remains in force.
Can Premium Solicitors help remotely?
Yes. Appointments may be conducted remotely by telephone or video conference, allowing clients throughout England and Wales to obtain legal advice without attending an office.
Legal Disclaimer
This page provides general information about domestic abuse law in England and Wales. It does not constitute legal advice and should not be relied upon as a substitute for advice about your individual circumstances. Domestic abuse cases are fact-sensitive, and the law and court procedure may change.
