October is Domestic Violence Awareness Month. This year, we invite you to turn awareness into action. Understanding your rights and the protective measures available can be an important first step for people experiencing domestic abuse.
When someone experiences abuse, threats or risks to their children’s safety, the court can issue certain orders to provide protection. These include Non-Molestation Orders, Occupation Orders and Prohibited Steps Orders. Each serves a different purpose and may be sought depending on the family’s specific circumstances.
1. Non-Molestation Order – an order to prevent harassment and abuse
A Non-Molestation Order is a court order intended to protect a person from abuse, threats, intimidation or harassment by their current or former partner, or another person covered by the relevant legislation.
Depending on the conditions set by the court, the order may prohibit:
threats, physical assaults or intimidation;
contacting the protected person by phone, text messages or social media;
direct harassment or harassment through other people;
approaching certain places, if the court includes such a restriction.
How does it work in practice? The person seeking protection submits an application to the court and explains why they need the order. In certain urgent circumstances, the court may issue the order without the other person being present at the first hearing. A further hearing may be scheduled later, giving both parties the opportunity to present their positions.
Breaching a Non-Molestation Order may constitute a criminal offence. It is important for the protected person to keep messages, call records and other relevant information and to contact the police if the order is breached. In an immediate emergency, call 999.
2. Occupation Order – an order concerning the home
An Occupation Order is a court order that determines who can live in a particular property and who must leave or is prohibited from entering it. It may be relevant when someone is experiencing domestic abuse and does not feel safe in their own home.
For example, if a partner is violent, threatening or intimidating, the person affected may ask the court to allow them to remain in the property and require their partner to leave temporarily. The court may consider the housing and financial circumstances of both parties, the safety of any children and the risk of harm.
An Occupation Order does not automatically transfer ownership of the property or definitively determine who will own the home. It is a legal measure governing occupation of the property for the period and under the conditions specified by the court.
3. Prohibited Steps Order – an order preventing certain decisions concerning children
A Prohibited Steps Order is a court order that prohibits a specific action concerning a child from being taken without the court’s permission. It is used when there is a specific concern about a decision that one parent might make.
For example, a parent may apply for such an order if they fear that the other parent will:
take the child abroad without the required consent;
change the child’s school without complying with legal requirements;
take another significant action concerning the child that requires consideration by the court.
The court considers the circumstances and the child’s best interests before deciding whether to issue the order and what restrictions are necessary. This order does not automatically replace a Child Arrangements Order, which determines who the child lives with and when they spend time with each parent.
How do you apply for these orders?
We recommend contacting a solicitor who can help you access Legal Aid or free legal assistance.
To apply for a Non-Molestation Order or an Occupation Order, you must submit form FL401, together with a statement setting out the facts and reasons for your application.
Applications for a Prohibited Steps Order are generally made using form C100. The court will consider the child’s circumstances and the relevant information to decide which measure is appropriate.
Depending on your circumstances, it may be helpful to seek support from a solicitor specialising in family law and domestic abuse. Some people may be eligible for free legal assistance (Legal Aid), depending on the applicable criteria.
If you are experiencing domestic abuse, find out about the options available to you and seek specialist support. If you are in immediate danger, call 999.
Sources:
Domestic Violence & Abuse · Emergency Injunction Service
Apply for a non-molestation or occupation order: Form FL401 - GOV.UK
If you need advice, our helplines are available Monday to Wednesday, 10 am to 4 pm:
PL/LT/EN: 07521857415
RO/EN: 07730021986
UA/RU/EN: 07718612218
This is in line with the information available as of 23/10/2026.