Obtaining Injunctions.

Injunctions, Non-Molestation Orders and Occupation Orders

An injunction is a court order requiring someone to do something or stop doing something. Injunctions can be used in many different situations, including domestic abuse, harassment, neighbour disputes, anti-social behaviour, property disputes, business disputes and urgent applications to stop work being carried out.

If you are in immediate danger, call 999. If the issue involves domestic abuse and you need confidential support, the National Domestic Abuse Helpline is available 24 hours a day on 0808 2000 247.

Domestic Abuse Injunctions

In family law, the two main types of domestic abuse injunctions are non-molestation orders and occupation orders. These are made under the Family Law Act 1996 and are designed to protect victims and relevant children.

A non-molestation order can protect a person from abuse, harassment, threats, intimidation, pestering or unwanted contact. An occupation order can regulate who can live in the family home, who can return to it, and who may be excluded from the surrounding area.

Non-Molestation Orders

A non-molestation order can stop a person from using or threatening violence, contacting the applicant, coming near their home, workplace or children's school, sending messages, using others to make contact, or behaving in a way that causes harassment, alarm or distress.

The exact terms depend on the facts. The order should be clear enough for the respondent to understand what they must not do.

Occupation Orders

An occupation order deals with who can live in, enter or return to the home. It may be used where the parties cannot safely live together, or where one person needs protection in or around the home.

The court can consider ownership, tenancy rights, housing needs, financial resources, the effect on children, the parties' conduct, and the risk of harm if an order is or is not made.

Who Can Apply?

For a family law injunction, the applicant must normally be associated with or personally connected to the respondent. This may include spouses, civil partners, former spouses, former civil partners, people who live or lived together, relatives, people who have agreed to marry or enter a civil partnership, people who have had an intimate personal relationship, and people who share parental responsibility or have a child together.

If the relationship does not fall within the family law rules, other legal routes may still be available, including an injunction under the Protection from Harassment Act 1997 or other civil proceedings.

Harassment Injunctions

Where the issue is harassment but not domestic abuse under family law, an injunction may be available under the Protection from Harassment Act 1997. Harassment can include repeated unwanted contact, stalking, threats, intimidation or conduct that causes alarm or distress.

A harassment injunction can sometimes include restrictions on contact, attendance at particular locations or other behaviour. Breach of some protective orders can be a criminal offence.

Other Types of Injunction

Injunctions are not limited to family law. They may also be used to stop building works, prevent trespass, protect confidential information, stop nuisance, preserve property, prevent publication, deal with business disputes or restrain unlawful conduct.

The legal test will depend on the type of injunction. Urgent advice is important because a delay can affect the courtis willingness to act.

First Step: Get Advice Quickly

If you are seeking an injunction, you should take advice promptly. In urgent cases, delay can increase risk and may make the application more difficult.

For domestic abuse, a family solicitor can advise on non-molestation orders, occupation orders, evidence, legal aid, safety arrangements and court procedure. For harassment, neighbour, property or business disputes, a civil litigation solicitor may be more appropriate.

Legal Aid

Legal aid may be available for some domestic abuse injunction applications if the applicant has evidence of abuse and cannot afford legal costs. A solicitor with a family legal aid contract can advise on eligibility.

Where legal aid is not available, applicants should ask about likely costs, emergency options, fixed-fee advice or whether another organisation can help with an urgent application.

Applying to Court

Applications for non-molestation orders and occupation orders are usually made using Form FL401. GOV.UK states that there is no court fee for applying for these orders.

The application will usually include a witness statement explaining what has happened, what protection is needed and why the court should make the order. The evidence should be factual, detailed and organised.

Without Notice Applications

In urgent cases, the court may issue an injunction without first notifying the respondent. This is often called a without-notice order. It may be appropriate where there is an immediate risk of harm, or where warning the respondent could increase danger.

If a without notice order is made, the court will usually list a further hearing so the respondent has the opportunity to respond. The applicant must attend the return hearing unless the court says otherwise.

Preparing Evidence

Useful evidence may include text messages, emails, call logs, photographs, medical records, police incident numbers, witness statements, social media messages, recordings, diary entries and details of previous incidents.

Do not delete messages or evidence. Keep a clear timeline with dates, times, locations, what happened, who was present, whether the police or medical services were involved, and how the behaviour affected you or any children.

The Court Hearing

Domestic abuse injunction hearings are usually private. The court can consider special measures, separate waiting areas, remote attendance or arrangements to reduce the risk of intimidation.

The judge will consider the evidence, the risk of harm, the need for protection, the effect of the order on both parties and any children, and whether the proposed terms are necessary and proportionate.

Undertakings

In some cases, the respondent may offer an undertaking instead of the court making an injunction. An undertaking is a formal promise to the court to do or not do certain things.

An undertaking can be useful in some cases, but it is not always suitable. A power of arrest cannot be attached to an undertaking, and the applicant need not agree to it. Where there has been violence, threats, or a serious risk, legal advice should be sought before accepting an undertaking.

Serving the Order

If an injunction is made, the respondent must usually be served with a copy of the order so they know what they must or must not do. The court or solicitor can advise on service arrangements.

Applicants should not usually serve the order themselves where there is any risk. A process server, court bailiff or other approved method may be safer.

How Long Does an Injunction Last?

The court will decide how long the injunction should last. Some orders are made for a fixed period, such as 6 or 12 months. Others may last longer depending on the circumstances.

If protection is still needed near the end of the order, an application can be made to extend it. This should be considered before the order expires.

Breach of a Non-Molestation Order

Breach of a non-molestation order is a criminal offence. The Sentencing Council states that breach of a protective order, including a non-molestation order, carries a maximum sentence of 5 years' custody. :contentReference[oaicite:2]{index=2}

If the respondent breaches the order, call the police. Keep evidence of the breach, including messages, call logs, photographs, witness details and police reference numbers.

Breach of an Occupation Order

Some occupation orders may include a power of arrest. If there is a breach and a power of arrest applies, the police may arrest the respondent without a warrant.

If there is no power of arrest, the applicant may need to return to court to enforce the order. Legal advice should be taken promptly if an occupation order is breached.

Your Own Conduct

If you have obtained an injunction, you should avoid contacting the respondent unless the order or your solicitor confirms that contact is permitted. Contact can create confusion, increase risk and complicate enforcement.

If arrangements are needed for children, property, or belongings, they should be handled safely through solicitors, agreed third parties, or court-approved methods where appropriate.

Children and Safeguarding

Where children are affected by domestic abuse, the court may need to consider their safety, welfare and arrangements for contact. Domestic abuse can be relevant to child arrangements proceedings.

If there is a risk to a child, urgent safeguarding advice should be sought. In an emergency, contact the police or children's services.

When Legal Advice May Be Needed

Legal advice may be needed where you are at risk, have received threats, are being harassed, need someone excluded from the home, have been served with an injunction, are accused of breaching an order, or need to apply urgently without notice.

A solicitor can advise on non-molestation orders, occupation orders, harassment injunctions, evidence, legal aid, court hearings, service, enforcement, undertakings, child arrangements and longer-term options.

Current Position

Injunctions remain an important legal protection in domestic abuse, harassment and urgent civil disputes. In family law, non-molestation orders protect against abuse and harassment, while occupation orders deal with who can live in or enter the home.

If there is immediate danger, call 999. If the matter involves domestic abuse, specialist support and urgent legal advice should be sought as soon as possible.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Family law, criminal law, harassment law and injunction procedure can change, and how the law applies will depend on the facts of each case.

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