The Two Main Protective Orders
In England and Wales, the two main protective orders available in the family court are the non-molestation order and the occupation order. Both are available under the Family Law Act 1996. They are separate orders with different purposes and different criteria.
The Non-Molestation Order
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What Do I Do Next? -- FreeA non-molestation order prohibits the respondent from molesting you or a child. Molestation includes violence, threats, harassment, and pestering. The order can be tailored to your specific situation and can include prohibitions on contacting you by phone, email, or social media.
The Occupation Order
An occupation order regulates who lives in the family home. It can exclude the respondent from the home entirely, restrict them to certain parts of the home, or require them to allow you back into the home. Occupation orders are more complex and the court has to consider factors including the housing needs of both parties and any children.
How to Apply
Apply using Form FL401 at your local family court. There is no court fee. In urgent cases you can apply without giving notice to the respondent. Attach a witness statement setting out the history and the specific incidents you rely on.
Breach Is a Criminal Offence
Breach of a non-molestation order without reasonable excuse is a criminal offence under the Family Law Act 1996, punishable by up to five years imprisonment. If the order is breached, call the police immediately. You do not need to apply to the civil court -- the police can arrest and the matter goes to the criminal court.