Protective orders
As well as orders made by the Court of Protection or under the inherent jurisdiction of the High Court, the main civil protective orders are below. For more detailed information is available on other websites. This page provides general information, and you will need to see a solicitor to obtain legal advice about your specific situation.
Non-molestation order
This prohibits someone from threatening, harassing, or using violence against another person. A non-molestation order alone has limited power to physically remove someone from a property. More info here.
Occupation order
This order can be made by the family court. An order specifies who can live in the family home or enter the surrounding area. A victim of domestic abuse can apply if they own or rent a home that is, was or was meant to be shared with a spouse, civil partner, cohabitant, family member, fiancé(e) or co-parent. Some people who don’t own or rent can also apply: spouses or civil partners with matrimonial home rights, and former spouses, civil partners or cohabitants where the other person owns or rents the shared home. More info here.
Domestic abuse protection order
These can protect victims from all forms of domestic abuse, including controlling or coercive behaviour. A DAPO may be made by a court during ongoing criminal, family, or civil proceedings. Applications can also be made by the police, by a victim themselves or by someone who is not directly involved, like a family member, a friend, or a social worker. DAPOs are protective orders and can be used to impose restrictions and conditions on a perpetrator of domestic abuse. More info here.
Forced marriage prevention order
A forced marriage is a marriage that takes place without the full and free consent of both parties. Force can include physical force, as well as being pressurised emotionally, being threatened or being a victim of psychological abuse. A forced marriage protection order can help if a person is being forced into marriage or already in a forced marriage. These orders are tailored to each case and have legally binding conditions and directions that change the behaviour of people trying to force someone into marriage. The aim of the order is to protect the person who has been, or is being, forced into marriage. The court can make an order in an emergency so that protection is in place straightaway. More info here.
The above orders sit alongside, and sometimes instead of, criminal proceedings. They can be obtained quickly. Two other orders may be relevant:
Restraining order
This is available from the criminal court after a person has been convicted of an offence. More info here.
Stalking protection order
A victim of stalking can be protected by a stalking protection order. It can stop the stalker going to places the victim lives or often visit, contacting them in any way, recording images of them, or referring to them online. It can also require them to hand over their devices and passwords to the police, have a mental health assessment, attend a drugs or alcohol programme, or sign on at a police station. The police applies to a magistrates’ court for this order. The order lasts at least two years. More info here.