Taylor Rose Supports Elimination of Violence Against Women Day 2025

Each year, the 16 Days of Activism Against Gender-Based Violence campaign highlights the urgent need to prevent and eliminate violence against women. Running from 25 November, the International Day for the Elimination of Violence Against Women, to 10 December, International Human Rights Day, this annual initiative raises awareness of the serious and lasting impact domestic abuse can have on individuals, families, and communities.

For those experiencing domestic, emotional or financial abuse, knowing where to turn for help is essential. Whilst each case is different and dependant on the facts, accessing specialist support and legal guidance can be a crucial first step in safely leaving the abusive environment and obtain protective orders to ensure they are safeguarded from further harm.

In England and Wales, the Family Law Act 1996 provides important legal remedies - most notably Non-Molestation Order and/or an Occupation Order – which can offer vital protection to those at risk.

What is a Non-Molestation Order?

A Non-Molestation Orders is a court order that protects victims of domestic abuse from further harm. They usually last up to 12 months but can be extended if the abuser breaches the order. It is important that victims collate evidence of breaches to substantiate the necessity of extending the Order. Typically, Non-Molestation Orders prohibit the abusive party (the respondent) from:

• Contacting the victim through direct or indirect means

• Using or threatening to use violence

• Acting in a threatening manner, harassing or intimidating the victim

• Posting about the victim online or on social media

• Going to or approaching any address where the victim lives or stays

• The respondent is usually prohibited from instructing a third party to enact the above behaviours against the victim on their behalf

These orders can protect not only the victim but also any children involved. Breaching a Non-Molestation Order is a criminal offence. In the event a breach has taken place, the police have the power to arrest the respondent immediately. Any conviction leading from the arrest can be punishable by imprisonment, fines, or both.

What is an Occupation Order?

An Occupation Order is a Family Court order that determines who can live in, enter, or be excluded from the family home following domestic abuse. The Court has the power to:

• Allow the applicant to remain solely within the home

• Exclude the respondent from the home

• Impose restrictions or conditions e.g. the respondent is only permitted to reside in a certain part of the home, or they can only occupy the home at certain times.

• Require one party to leave or stay away from a defined area referred to as the “exclusion zone”

The Court must consider factors such as each person’s behaviour, their housing needs and resources, and how the order might affect their well-being, health or safety.

Breaching an Occupation Order with a Power of Arrest attached is a criminal offence. The police can arrest the respondent immediately, and a conviction can lead to imprisonment, fines, or both.

Applying for a Protective Order

To apply for a Non-Molestation Order or Occupation Order you must be considered an “associated person” under the Family Law Act 1996. This includes:

• Spouses, former spouses or civil partners

• Cohabiting partners or former cohabitants

• People who have lived together in the same household (other than as employees or tenants)

• Relatives

• Individuals who share parental responsibility for a child

• Applicant with a legal right to occupy the property (for Occupation Order only) such as an owner or tenant

It is completely understandable that victims may feel scared or hesitant to apply for a protective order, particularly if they fear further harm or pressure from the abuser.

In urgent situations, it is possible to apply for a Non-Molestation Order and/or Occupation Order on a “without notice” or emergency basis. This means the Court will consider the application without notifying the respondent and can make an immediate temporary order. The respondent will then be served with the paperwork, and the Court will schedule a later hearing for both parties to attend, review evidence, and decide whether the order should be made final.

How We Can Help

If you require legal assistance to help you obtain protective orders following a domestically abusive relationship, and are not eligible for legal aid, our specialist family law team can help you to understand your options, provide you with sensitive advice and support, and guide you through the process to help you seek necessary protection for you and/or your children. We can help you to:

• Understand your rights and options – whether that be a Non-Molestation Order, Occupation Order or filing for Divorce

• Prepare and submit Court applications and supporting documents

• Represent you at Court Hearings, ensuring your position is clearly portrayed whilst ensuring your safety

• Advise on complex issues, including how to manage any contact arrangements for any children involved.

Contact us via our form or give us a call on 020 3540 4444 to discuss your matter discreetly and with confidence.

The information in this article is provided for general guidance only and does not constitute legal advice. Domestic, emotional, and financial abuse matters are highly sensitive and the legal options available will depend on your individual circumstances.