Domestic abuse

Domestic abuse

In cases where there have been incidents of domestic abuse it may be appropriate to seek the court's protection with an application for a non-molestation order and/or an occupation order under the Family Law Act 1996 (FLA 1996).

Under FLA 1996 the court also has the power to make a non-molestation order even where no application has been made, where, in other family proceedings to which the respondent is a party, it considers the order should be made for the benefit of any other party to the proceedings or any relevant child.

Applications for non-molestation orders and occupation orders are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 10 and the supporting practice direction, FPR 2010, PD 10A.

Non-molestation orders

A non-molestation order confers protection on family members, including children or people in a domestic relationship, against the use of violence or other forms of molestation by a person with whom they are associated. There are eight classes of applicants who are associated persons, including married or divorced couples, civil partners and engaged or formerly engaged couples.

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