Paul Linsell
Partner and Head of Family Law
+44 (0)118 952 7104
[email protected]
View Full ProfileDomestic violence and domestic abuse solicitors
Our domestic abuse and injunction solicitors provide compassionate and urgent legal support to secure your safety and well-being through protective court orders.
We understand that taking the first step to address domestic abuse can be the hardest. It is also not uncommon for individuals to be unaware of the severity of their situation, as the abusive behaviour has gradually become their 'normal'.
Our dedicated and compassionate family law team is here to provide you with the clear, practical advice and robust legal support you need to protect yourself and your loved ones.
We are committed to helping you navigate towards a safer and more secure future. We can assist you to use legal processes to achieve that, working with sensitivity and strength.
We recognise that exiting an abusive relationship can be complicated. Your safety and well-being are our priority, so we will discuss strategies with you to suit your circumstances and ensure we agree how to communicate with you discreetly. We also have a large network where we can signpost you to appropriate resources and support.
Please note that we do not offer Legal Aid.
Domestic abuse and protection orders
The law provides vital protections from domestic abuse. As well as offering practical solutions and access to other support and resources, our specialist domestic abuse solicitors can guide you through the process of obtaining court orders designed to keep you safe. The most common types of injunctions are:
Non-molestation orders
A non-molestation order is a powerful legal tool intended to protect you and any children from further abuse, harassment, or intimidation by an associated person. This order can prohibit the perpetrator from certain behaviours, including:
- Using or threatening violence against you or your children.
- Harassing, pestering, or intimidating you, whether in person, by phone, online, or through a third party.
- Coming within a specified distance of your home, workplace, or your children's school/nursery.
- Damaging, attempting or threatening to damage your property or the family home.
- Instructing or encouraging another person to carry out any of the above actions on their behalf.
Breaching a non-molestation order is a criminal offence, and the police can arrest the perpetrator immediately if they violate the terms of the order. Our team can help you make an urgent 'without notice' application if you are in immediate danger, meaning the order can be put in place before the abuser is even aware of the application.
Occupation orders
An Occupation Order regulates the use of a property including who can live in, or enter, the family home. If you have been forced to leave your home due to abuse, or if you fear for your safety while living with an abuser, an occupation order can:
- Remove the abuser from the family home entirely.
- Prevent the abuser from entering a specific area around your home.
- Allow you to return to the family home if you have been excluded.
- Require the parties to live in separate parts of the home, only if this is practical and safe.
The court will consider various factors when deciding whether to grant an occupation order, with the safety and housing needs of you and any children being paramount.
Prohibited steps orders or specific issue orders
Prohibited steps orders or specific issue orders are often sought alongside non-molestation and occupation orders to provide comprehensive protection and stability for children. They help ensure decisions about a child's life are made in their best interests and free from the influence of abuse.
A prohibited steps order prevents a parent from taking a specific action in relation to a child without the court's permission, for example, preventing an abusive parent from removing a child from the UK, removing them from school/nursery or relocating them to another area. A specific issue order can resolve a particular dispute about a child's upbringing, such as determining which school they should attend or whether they should have specific medical treatment, especially where an abusive parent's actions are detrimental to the child's welfare.
Domestic abuse and protection orders FAQs
What is domestic abuse?
Domestic abuse encompasses a wide range of harmful behaviours, not solely limited to physical violence. It is any act or pattern of acts that causes harm or distress to another person.
Domestic abuse includes physical abuse (e.g., punching, kicking), emotional or psychological abuse (e.g., gaslighting, threats, manipulation, constant criticism), sexual abuse (any non-consensual sexual act), financial abuse (e.g., controlling money, withholding funds, preventing employment), and coercive control (a pattern of intimidation, degradation, isolation, and control).
Fundamentally, abuse is about one person exerting power and control over another, causing fear, diminishing their self-worth, and violating their personal boundaries. Many people may be unsure as to whether their experiences constitute abuse under the legal definitions; our team can help provide clarity.
Who can apply for a domestic abuse order?
To apply for a domestic abuse injunction (non-molestation order or occupation order), you must be an "associated person" of the individual against whom you seek the order.
This broad legal term, covers a wide range of relationships, including current or former spouses and civil partners, cohabitants or former cohabitants, individuals who have lived in the same household, relatives, those who have agreed to marry or form a civil partnership, parents of the same child or those with parental responsibility for the same child, and individuals who have had an intimate personal relationship of significant duration.
The purpose of this framework is to ensure that legal protection is available to individuals who are vulnerable to abuse within close personal or familial contexts.
What happens if a non-molestation order is breached?
If a non-molestation order is breached, it is a criminal offence, and the police have the power to arrest the perpetrator immediately. Breaching a non-molestation order can lead to a prison sentence of up to five years, a fine, or both, as it is treated with significant gravity by the courts.
If a non-molestation order is breached, your immediate priority is your safety and that of anyone with you so you should contact the police immediately. Once safe, record the details of the breach, including dates, times, specific actions, and any supporting evidence and contact your solicitor.
What happens if an occupation order is breached?
If an occupation order is breached, it is not automatically a criminal offence unless the court has specifically attached a "power of arrest" to the order.
When a power of arrest is in place, the police can arrest the individual who violated the order. However, if there is no power of arrest attached, the victim would need to apply back to the Family Court to enforce the order. This could result in the perpetrator being found in contempt of court, potentially leading to fines, imprisonment, or other enforcement measures.
How quickly can I get a domestic abuse order?
A domestic abuse injunction can be granted very quickly, especially in urgent situations where there is immediate danger.
Our domestic abuse solicitors can make an urgent, 'without notice' applications to the Family Court, so the court can issue an interim Non-Molestation Order or Occupation Order on the same day, or within 24-48 hours, without the perpetrator being present. This provides immediate protection, with a fuller hearing scheduled later for the perpetrator to attend.
Even if your situation doesn't require a 'without notice' application, the courts prioritise domestic abuse cases, and we will work swiftly to prepare and file your application to secure your safety as quickly as possible.
Do I need to own the property to get an occupation order?
No, you do not need to own the property to obtain an Occupation Order.
The court can grant an occupation order to protect those with a legal right to occupy, such as tenants or even spouses/civil partners who have "home rights" where the other party owns the property in their name.
How long do domestic abuse orders last?
The duration of domestic abuse orders, such as non-molestation orders and occupation orders, varies and is determined by the court based on the specific circumstances. Domestic abuse orders are typically granted for a fixed period, usually 6 or 12 months.
However, in cases where the court deems it necessary for long-term safety, orders can be made for an indefinite period.
It is also possible to apply to the court for an extension or variation of an existing order if your circumstances change or the threat of abuse persists beyond the initial period. Our team has experience in extending existing orders as well as obtaining initial ones.
How much do domestic abuse orders cost?
There is no court fee when applying for these types of injunctions, as the government has removed these fees to ensure access to justice for victims of domestic abuse.
Legal fees will depend on the complexity of your case and whether it is contested. Legal fees for securing a domestic abuse injunction can range from approximately £1,000 for a straightforward, uncontested application to several tens thousands of pounds for more complex cases involving multiple hearings or contested issues. Our solicitors can help guide you on likely costs depending on your circumstances.
Legal Aid may be available to assist with legal costs if you meet specific financial eligibility criteria. However, Boyes Turner does not offer Legal Aid funding.
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Why use our domestic abuse solicitors?
- Urgent protection, strategically secured - We understand the paramount need for immediate safety when facing domestic abuse. While we are prepared to secure urgent 'without notice' court injunctions, our team also employs smart, strategic approaches to navigate the legal process efficiently. We focus on securing comprehensive protective orders and ensuring compliance, prioritising your safety with decisive yet sensitive legal action.
- Child-focused safety & wellbeing - Where children are impacted by domestic abuse, their protection and emotional wellbeing are our foremost concern. We act swiftly to obtain court orders that safeguard children from harm, while also providing sensitive guidance on safe living arrangements and contact. Our approach is firm in securing children's safety, while working alongside other professionals, aiming for solutions that mitigate trauma and support their healthy development.
- Integrated legal support - As part of a leading full-service law firm, recognised by Chambers UK and The Legal 500, we offer more than just injunctions. Our domestic abuse solicitors collaborate seamlessly with in-house experts across property, family finance, and private client matters, ensuring you receive holistic legal advice to rebuild your life securely. We also work closely with a network of external professionals, including therapists, coaches, financial advisors and more, addressing all related financial and logistical challenges that arise from abuse.
