Domestic Abuse Protection Orders, Non-Molestation Orders and Occupation Orders: What is the difference and which one do you need?

Understanding your options if you are experiencing domestic abuse

If you are experiencing domestic abuse, you may be wondering whether there is anything the law can do to protect you. Perhaps your partner or former partner is threatening you, repeatedly contacting you, controlling your finances or making you feel frightened in your own home. You may simply want them to leave you alone, or you may feel that you can no longer safely remain living together.

Whatever your circumstances, it is important to know that there are legal measures available to help protect you.

There are three main types of protective orders that you may hear about when seeking advice from a family solicitor: Domestic Abuse Protection Orders (DAPOs), Non-Molestation Orders and Occupation Orders.

Although all three are designed to provide protection, they do different things. Some prevent someone from behaving in an abusive or threatening way towards you. Others can regulate who is allowed to live in the family home. A DAPO can offer a wider range of protection, including restrictions on contact and, where appropriate, requirements that the person responsible for the abuse attends a behaviour change programme.

The right order will depend on what has happened, what you are worried might happen next and what protection you need.

I appreciate that the terminology can be confusing, particularly when you are already dealing with a difficult and upsetting situation. This article explains the differences in straightforward terms and looks at the circumstances in which each type of order may be appropriate.

1. What is a Non-Molestation Order?

A Non-Molestation Order is one of the most commonly used forms of legal protection in domestic abuse cases. It is made by the Family Court under section 42 of the Family Law Act 1996.

In simple terms, it is an order requiring someone to stop behaving towards you in an abusive, threatening, intimidating or harassing way.

Depending on your circumstances, a Non-Molestation Order can prohibit someone from:

• Using or threatening physical violence against you.
• Harassing, intimidating or pestering you.
• Contacting you by telephone, text message, email or social media.
• Sending unwanted messages or asking other people to contact you on their behalf.
• Coming to your home, workplace or other specified locations.
• Encouraging or instructing other people to harass or intimidate you.

The order can be tailored to your particular circumstances. For example, if your former partner repeatedly turns up at your home, sends threatening messages or uses other people to contact you, the court can impose restrictions designed to prevent that behaviour.

Importantly, domestic abuse does not have to involve physical violence. A Non-Molestation Order may be appropriate where someone is subjecting you to coercive or controlling behaviour, emotional abuse, intimidation or harassment.

Who can apply?

You can generally apply if the person you need protection from is someone legally recognised as being associated with you. This includes a current or former spouse or civil partner, someone with whom you are or have been in an intimate relationship, certain family members and people who share or have shared a household in qualifying circumstances. You do not have to be married to the person, and you do not necessarily have to have children together.

How long does it last?

The court decides how long the order should remain in place. Non-Molestation Orders are commonly made for six or twelve months, although the appropriate duration will depend on the circumstances.

What happens if the order is breached?

A breach of a Non-Molestation Order without reasonable excuse is a criminal offence. The police can arrest the person responsible, and they may face prosecution and imprisonment. This is particularly important because it means the order is legally enforceable. It is not simply a warning or a request for someone to change their behaviour.

2. What is an Occupation Order?

An Occupation Order is different from a Non-Molestation Order because it deals specifically with who can live in, enter or occupy a property. It is also made under the Family Law Act 1996.

You might need an Occupation Order if you are experiencing domestic abuse but are still living with the person responsible for it, or if you have left the family home because you no longer feel safe and want to return.

An Occupation Order can, depending on the circumstances:

• Require your partner or former partner to leave the family home.
• Allow you to remain living in the property.
• Prevent them from returning to the property.
• Prevent them from entering a particular area around the property.
• Regulate which parts of the property each person can use.
• In certain circumstances, require someone to contribute towards mortgage payments, rent or other household outgoings.

For example, you may own your family home jointly with your husband or wife, but the relationship has broken down and their behaviour towards you has become threatening or abusive. You may feel unable to continue living under the same roof but are worried about having to leave your home.

An Occupation Order may allow you to remain in the property while requiring your partner to move out, at least for a specified period.

Equally, if you have left the family home because of abuse, an Occupation Order may help you regain access to it.

Does it matter whose name the property is in?

Not necessarily. An Occupation Order is not limited to properties owned jointly. Depending on the circumstances and the relevant provisions of the Family Law Act 1996, the court may make an order even where the property is owned or rented in the other person’s sole name.

The legal position will depend on your relationship, your rights to occupy the property and the particular section of the legislation under which you apply.

What will the court consider?

The court will look at the circumstances of the case, including:

• Whether there are children living in the property.
• The housing needs and financial resources of both parties.
• Whether either person has somewhere else to live.
• The effect of making, or refusing to make, an order on the health, safety and wellbeing of you and any children.
• The behaviour of both parties.

In certain cases, the court must apply the statutory balance of harm test. This requires consideration of whether you or a child is likely to suffer significant harm if an order is not made, and whether the harm likely to be suffered by the other person if the order is made would be as great or greater.

An Occupation Order can have a significant impact on someone’s living arrangements, so the court will consider the evidence carefully.

How long does an Occupation Order last?

This depends on the particular statutory provision under which the order is made. Some orders can last for up to six months at a time and may be extended, while others can be made for longer periods for example until there is a final order in financial remedy proceedings.

An Occupation Order does not decide who ultimately owns the property or how it should be divided following divorce or separation. Those issues are dealt with separately, usually as part of financial remedy proceedings or other property proceedings.

3. What is a Domestic Abuse Protection Order (DAPO)?

From 25 November 2026, Domestic Abuse Protection Orders will be rolled out across England and Wales, following their initial pilot in selected areas. DAPOs are intended to provide a more flexible and comprehensive way of protecting people experiencing domestic abuse.

Unlike a Non-Molestation Order, which primarily prohibits certain behaviour, a DAPO can impose both restrictions on the person responsible for the abuse and positive requirements that they must comply with.

For example, a DAPO may:

• Prevent the person from contacting you directly or indirectly.
• Prevent them from approaching your home, workplace or other specified locations.
• Require them to stay away from particular areas.
• Require them to attend a behaviour change programme.
• Require them to participate in an appropriate substance misuse programme.
• Include electronic monitoring (tagging), where appropriate.

Every DAPO also includes requirements for the person subject to the order to provide their name and address to the police and notify the police of changes.

One of the important features of a DAPO is that it can be considered in different types of proceedings. The Family Court, civil courts and criminal courts can make these orders, and applications can be brought through different routes.

Applications may be made by the police, the person experiencing abuse or an appropriate third party, subject to the relevant statutory requirements. A court may also consider making an order during existing proceedings.

Do you need to have been physically assaulted?

No. DAPOs can protect people experiencing different forms of domestic abuse, including coercive control, psychological abuse, emotional abuse and economic abuse. You do not need to have a criminal conviction against the person responsible for the abuse before the court can make a DAPO. The court must, however, be satisfied that the statutory requirements for making the order are met.

What happens if someone breaches a DAPO?

Breaching a DAPO without reasonable excuse is a criminal offence and can result in imprisonment for up to five years. The seriousness of the consequences reflects the importance of complying with the restrictions and requirements imposed by the court.

4. What are the main differences between the three orders?

Although there is some overlap between these protective measures, the main distinction is what each order is designed to achieve.

It is worth remembering that these orders are not necessarily alternatives to one another. Depending on the circumstances, more than one protective measure may be appropriate. For example, someone experiencing serious domestic abuse may need a Non-Molestation Order to prevent further harassment and an Occupation Order to ensure that their former partner cannot return to the family home.

A DAPO may also provide an appropriate alternative or additional form of protection, depending on the circumstances and the court’s powers.

5. Which order might be right for you?

Every situation is different, and there is no single answer that will be right for everyone. However, the following examples illustrate the type of protection that may be appropriate in different circumstances.

Scenario 1: Your former partner keeps contacting and harassing you

You have separated from your partner, but they continue to send you threatening messages, call you repeatedly and turn up at your workplace. You have asked them to stop, but the behaviour continues.

A Non-Molestation Order may be appropriate to prevent further contact, harassment and intimidation.

A DAPO may also be worth considering, particularly if additional restrictions or positive requirements would provide more suitable protection.

Scenario 2: You are frightened to remain living in the family home

You and your husband or wife are still living together, but their behaviour has become abusive, and you no longer feel safe. You have children living with you and are worried about having to leave the family home.

An Occupation Order may be appropriate to require your partner to leave the property and allow you and the children to remain there.

A Non-Molestation Order may also be appropriate to prevent further threatening or abusive behaviour.

Scenario 3: Your ex-partner is using coercive control and financial abuse

Your former partner does not necessarily use physical violence, but they monitor your movements, control access to money, threaten you and repeatedly interfere with your day-to-day life.

Both a Non-Molestation Order and a DAPO may be relevant, depending on the evidence and the protection required.

The fact that the abuse is not physical does not mean that you are unable to seek legal protection.

Scenario 4: You have left the family home because of abuse and want to return

You left the family home because you were frightened of your partner, but you now want to return and establish a safe home for yourself and your children.

An Occupation Order may help you regain access to the property and regulate your former partner’s occupation of it.

A Non-Molestation Order or DAPO may also be appropriate to prevent further abuse or intimidation.

Scenario 5: You are worried about what might happen after telling your partner you want a divorce

You have decided that your marriage is over, but you are concerned that your partner may become threatening, controlling or aggressive when they find out. It is sensible to obtain legal advice before taking steps that could increase the risk to your safety.

Depending on the circumstances, a Non-Molestation Order or DAPO may provide protection. If you are still living together, an Occupation Order may also need to be considered.

You do not need to wait until something serious happens before seeking advice.

6. Can you apply for an order urgently?

Yes. In appropriate circumstances, the Family Court can deal with applications for Non-Molestation Orders and Occupation Orders urgently.

It is also possible to apply for either of these orders without giving the other person advance notice, commonly referred to as a ‘without notice’ application.

This may be appropriate where there is a genuine risk of significant harm if the application is delayed, or where giving advance notice could deter or prevent the applicant from pursuing the application.

However, a without notice order is not automatic. The court will consider the circumstances carefully and, if an order is made, the other person will generally be given an opportunity to respond at a subsequent hearing.

The new DAPO framework also provides an urgent route through the police. A Domestic Abuse Protection Notice (DAPN) can be issued by the police in appropriate circumstances to provide immediate protection, followed by an application for a DAPO.

If you are in immediate danger, you should contact the police on 999 rather than waiting for a court application.

7. What evidence will you need?

One of the questions I am often asked is whether someone needs photographs of injuries, medical records or police reports before they can apply for a protective order. The answer is no. Although this type of evidence can be helpful, it is not always available or necessary.

Domestic abuse can take many different forms, and it is not always visible. You may have experienced months or even years of controlling, intimidating or emotionally abusive behaviour without ever contacting the police.

Depending on the circumstances, useful evidence may include:

• Text messages, emails and social media communications.
• Photographs of damage to property or physical injuries.
• Medical records or records of contact with support services.
• Police incident reports or records of previous calls to the police.
• Statements from friends, family members or other people who have witnessed the behaviour.
• A written account or chronology setting out what has happened and when.

If you are unsure whether you have enough evidence, do not let that stop you from seeking legal advice. A solicitor can help you understand what information is relevant and how best to present your circumstances to the court.

8. Can protective orders be made alongside divorce or child arrangements proceedings?

Yes. Domestic abuse issues frequently arise alongside divorce, financial remedy and child arrangements proceedings. For example, you may be going through a divorce but still be experiencing harassment or intimidation from your former partner. Alternatively, you may be involved in proceedings about where your children should live and how much time they should spend with each parent, while also having concerns about domestic abuse.

Protective orders can be considered separately or, where the relevant statutory provisions allow, as part of existing family proceedings.

The safety and welfare of children will also be important considerations where children have witnessed domestic abuse or may otherwise be affected by it.

It is important to understand that a protective order does not automatically determine child arrangements. The court will consider the children’s welfare separately, taking account of any relevant risks.

9. How can we help?

Seeking legal protection can feel like a daunting step, particularly if you are already dealing with the emotional and practical consequences of a relationship breakdown. You may be worried about the cost of making an application, how your partner will react or whether the court will believe what has happened. You may also be concerned about what will happen to your children or where you will live.

I understand that these are not easy decisions, and you should not feel that you have to work out the legal process on your own.

At Branch Austin McCormick, we advise clients on domestic abuse and all family law matters, including applications for Non-Molestation Orders and Occupation Orders, as well as the developing framework for Domestic Abuse Protection Orders.

We take the time to understand your individual circumstances, explain your options in plain English and help you decide on the most appropriate way forward.

Whether you need urgent protection, want to understand your rights in relation to the family home or are concerned about the impact of domestic abuse on your children, we can provide clear, practical and sensitive advice.

You do not have to wait until matters become worse before seeking help.

If you are experiencing domestic abuse or are concerned about the behaviour of your partner or former partner, please contact our family law team. Caroline Ford will be happy to talk through your circumstances confidentially and explain how we may be able to help: cf@branchaustinmccormick.com  or 020 7851 0102 or 0759 759 1900 or alternatively, please do not hesitate to contact another member of our Family Law Team 020 7851 0100.

 Contact us today to arrange an initial discussion.