Domestic abuse & injunctions solicitors

What is a domestic abuse injunction?

A domestic abuse injunction is a court order that tells an abuser what they must stop doing and, in some cases, where they are no longer able to go. What makes injunctions exceptional is that the court can attach a power of arrest to them in the event they’re breached. So injunctions can be significantly more powerful than other family law orders.

It can be used to stop threats, harassment and contact, and to keep someone out of the family home. Domestic abuse is not just physical violence, but also includes emotional abuse, coercive control, financial abuse, stalking and intimidation. This means the approaches are not linear, or always clear in nature.

Our domestic abuse solicitors and domestic violence solicitors act quickly but carefully, taking time to understand your situation, assess risk and choose the right domestic abuse injunction or domestic violence injunction for your situation. We know what is at stake, so every injunction order is prepared with meticulous detail and explained in plain English, so you know exactly what protection you have and what happens next.

Types of domestic abuse injunctions

The two main types of injunction are a non‑molestation order and an occupation order, and both can be applied for together.

A non‑molestation order protects you and any children from violence, threats, harassment and unwanted contact. An occupation order deals with who can stay in, return to or be excluded from the home and surrounding area.

Our domestic abuse solicitors advise which injunction order, or combination, is right for you.

Non-molestation orders explained

A non molestation order stops someone using or threatening violence against you or your children, or harassing, pestering or contacting you.

It can ban all direct and indirect contact, including calls, texts, emails, social media, turning up at home or work, or sending messages through others. You can usually apply if you are an “associated person” under the Family Law Act 1996, for example a current or former partner, spouse, co‑parent or close family member.

Our team explains how to apply for a non-molestation order, prepares the FL401 form, drafts your statement and gathers evidence so the court sees the full picture. In urgent cases, we can request an emergency non molestation order or without notice non molestation order, often within 24-48 hours, so you are protected before the other person is told.

If you need to know how to get a non-molestation order safely and quickly, our team can act the same day where necessary.

Occupation orders explained

An occupation order is a court order that regulates who can live in the family home and can require an abuser to leave and stay away.

The court can order the respondent to move out, stop them returning and exclude them from a set area around the property, even if they own or rent it. It can also set out how the space is used, for example keeping someone out of certain rooms or parts of a shared building.

Occupation orders are usually temporary, to keep you and your children safe while longer‑term housing or family arrangements are sorted.

Our domestic abuse solicitors handle the occupation order application and explain how to apply for occupation order protection in a way that fits your situation and minimises danger to you and your loved ones.

Eligibility for an occupation order

Eligibility for an occupation order can feel complicated when you are already under pressure. Our specialist domestic abuse solicitors start by listening to your story and then carefully untangling the legal position – your relationship to the abuser, whose name is on the deeds or tenancy, and whether you have ‘home rights’ through marriage or civil partnership. From there, we can explain in simple terms how the court is likely to treat you and what that means for the strength and length of any order.

We then look at the bigger picture the judge will consider – housing options for both of you, your finances, safety risks and the impact on any children – and build your case around clear, focused evidence. You get honest advice on prospects, occupation order cost and likely outcomes, and we prepare and present your application so the court can see why you need the home to be a place of safety, not fear.

How to apply for a non-molestation or occupation order

To get a non-molestation order or apply for occupation order protection, our solicitors handle the FL401 form and the court process for you, so you are not left trying to navigate it alone.

We take a detailed, trauma‑aware statement from you, identify what the court needs to see, and pull together supporting evidence such as messages, emails, call logs, photos, police records and medical notes. Our team then prepares and files the application, arranges service of papers, and attends the hearing by your side to present your case clearly, especially where the other party disputes what has happened. In urgent situations, we move quickly to request an emergency hearing to get you protection as soon as possible. If you are unsure how to get an injunction or how to prove domestic abuse, we take that weight off your shoulders and guide you through, step by step.

Whether you have an initial question or are ready to speak with an adviser, talk to AIDA to start with who can help point you in the right direction, no matter the question.

Emergency and without notice applications

In urgent cases, an emergency non-molestation order or occupation order can be made within 24–48 hours, sometimes the same day. Our team know how to get an injunction fast, work closely with support agencies, and guide you through each urgent step.

What happens at the court hearing?

Facing a court hearing about domestic abuse can feel intimidating, especially when you are already exhausted and anxious, but our team make sure you are prepared, know what to expect and are never left to face the judge or the other party alone.

At the hearing, the judge considers your evidence and decides whether to make an injunction order and on what terms. At a without‑notice hearing, only you and your lawyer attend and the focus is on urgent protection. For an on‑notice hearing, both sides can attend, give evidence and make submissions through their lawyers. The judge looks at how serious the behaviour is, the risk of it continuing and the impact on you and any children before granting or extending a non molestation order or occupation order.

We present your case clearly and firmly, manage the legal arguments and speak on your behalf, particularly where the respondent is also present.

Breach of an injunction

Breaching a non molestation order is a criminal offence, and the police can arrest the abuser immediately.

Breaching a non‑molestation order without reasonable excuse can lead to prosecution and a sentence of up to five years in prison in serious cases. Many orders also include a power of arrest so officers can act without first obtaining a warrant. If your injunction order is breached, you should call the police straight away, keep a record of what happened, and then contact our team. We work with the police and the court to enforce the order and strengthen your protection.

How long do injunctions last?

Most non-molestation orders last six to twelve months initially, but they can be extended or, in exceptional cases, made without a fixed end date.

The court has flexibility and will look at risk, past behaviour and whether abuse is likely to restart if protection ends. Occupation orders are usually shorter, often up to six months, but can be renewed if you still need protection or time to resolve housing and finances. Either party can ask the court to vary or discharge an order if circumstances change. Our domestic abuse solicitors advise on how long non-molestation orders last, when to seek an extension and how best to evidence ongoing risk.

Costs and legal aid for domestic abuse injunctions

Legal aid is available for domestic abuse injunctions and many victims will qualify.

We understand that figuring out how to fund the process for these situations can be stressful. Our domestic abuse solicitors explain legal aid rules in plain English, run through the financial means test with you, and help gather any evidence needed.

As a values‑led firm, Anthony Collins is committed to ensuring that cost is never the reason you go without protection, and we work with you to find a funding route that allows you to act quickly and safely.