I understand that Non Molestation Orders are still available. Please contact the NCDV for more information if you are in England.
Scotland has a different system so contact their Domestic Abuse Helpline for more information 0800 027 1234 They also have a chat facility if you can't talk on the phone.
Wales 0808 80 10 800 Live Chat Service Text: 078600 77 333 [email protected]
Northern Ireland 0808 802 1414 [email protected]
You can also apply for an injunction yourself here.
Here's what the injunctions mean:
Non-Molestation Order
These are designed to stop someone from pestering, attacking, threatening physical violence, intimidating or harassing their victim and/or children. Photos of any injuries or damage to property will strengthen the applicant’s case.
Each order is unique with the judge taking the applicant’s individual circumstances into account, such as their physical well-being and if there are children involved.
These orders can include the court prohibiting the perpetrator from communicating with their (ex-)partner, or instructing or encouraging others to attack, threaten or intimidate the victim.
The orders are typically granted for six to 12 months and breaching them is an arrestable offence.
But in the case of emergency non-molestation orders, they are granted for 28 days and then go back to court to give the abuser the opportunity to defend themselves against the allegations.
Occupation Order
Occupation orders specify who can live in a property, and can mean eviction of the abuser, banning them from visiting the family home or coming within a certain distance of it. Courts usually grant them for six to 12 months, and the power of arrest can be attached to an occupation order.
Prohibited Steps Order
Prohibited steps orders apply when the abuser threatens to take the children away from their victim’s care and control.
The orders will only be issued if the judge views it is in the best interests of the children for their overall welfare. Some contact between the perpetrator and children can continue if the judge regards that as reasonable in the circumstances.
There is no power of arrest attached to prohibited steps orders, but they are enforceable through the county court as contempt of court.
Enforcement
All these orders have to be served on the abuser – in court, or in person at some later time – for them to be enforceable. A copy of the order has to be given to the local police station so officers are aware it exists. A copy of the prohibited steps orders may need to be given to the children’s school(s) to ensure that the youngsters cannot be removed without the victim’s permission.
The orders can generally be applied to most forms of relationship: intimidate partners, ex-partners, couples who have had children and family relations, including in-laws.
Domestic Violence Protection Notice (DVPN)
Another safeguard for victims is a Domestic Violence Protection Notice (DVPN) which police can serve on an alleged abuser who they view as posing a continuing risk of violence to their (ex-)partner. A police officer has to give the written notice to a perpetrator by hand.
A DVPN lasts for 48 hours and requires the abusive partner to leave the premises and not contact the victim.
They can be extended by up to 28 days by magistrates, who issue a Domestic Violence Protection Order (DVPO). Survivors can use that time to consider their options and seek further support.
Restraining Order
When someone is being sentenced for offences related to domestic violence or abuse, the court may issue a restraining order to protect the survivor from violence, the threat or fear of violence, or harassment in the future. The orders can be issued for a specified period or until further notice.