Taking Our Lives Back One Step at a Time 100 Mile Challenge

There are a number of legal court orders available to help protect survivors of domestic abuse. So far, we have discussed Non-Molestation Orders, Restraining Orders, and Domestic Abuse Protection Orders (DAPOs). 

What is an Occupation Order?
An Occupation Order is a legal order relating to the family home following a domestic abuse incident. These orders are tailored to individual circumstances and can: 
• Enforce a person’s right to remain in the home 
• Allow a person to return to the home 
• Exclude a person from the home  
• Set conditions where both parties remain in the property, such as requiring the respondent to stay in certain areas of the home 
 • Order a person to continue contributing towards the mortgage, rent, household bills, or repairs 

Occupation Orders are granted by the Civil Courts and are usually temporary, although they can be extended. In emergency situations, an Occupation Order can be granted without the respondent being made aware of the application until the order has been served. A further hearing, known as a return hearing, will then take place. The respondent will be given notice of the hearing and has the right to attend. 

Applying for a court order can feel overwhelming. However, there are a variety of services available to support survivors throughout the process, including assistance with applications, legal advice, and help accessing financial support. 

Other legal protections that may be available include: 
 • Prohibited Steps Orders 
 • Enforcement Orders 
 • Undertakings 
 • Domestic Violence Protection Notices (DVPNs) 
 • Domestic Violence Protection Orders (DVPOs)

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If you are experiencing harassment, stalking, or domestic abuse, you are not alone. Every year, thousands of people across England and Wales face similar situations and seek fast, effective legal protection to help them feel safe again.

You may have heard of a Restraining Order or a Non-Molestation Order but what is the difference?

The key difference is that a Restraining Order is made in the criminal courts, such as the Magistrates’ Court or Crown Court, whereas a Non-Molestation Order is granted through the civil or family courts. Although they are issued by different courts, both orders are designed to protect victims from abuse, harassment, and intimidation.

These orders can include conditions preventing a perpetrator from:
• Contacting someone directly or indirectly
• Physically assaulting or threatening someone
• Harassing someone by phone, text, email, or social media
• Following or monitoring someone
• Carrying out any behaviour that causes fear for a person’s safety

Breaching either a Restraining Order or a Non-Molestation Order is a serious offence and can result in arrest.

There are also several other legal protections available for survivors of domestic abuse, including:
• Non-Molestation Orders
• Occupation Orders
• Prohibited Steps Orders
• Enforcement Orders
• Undertakings
• Domestic Violence Protection Notices (DVPNs)
• Domestic Violence Protection Orders (DVPOs)
• Restraining Orders
• Domestic Abuse Protection Orders (DAPOs)

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Did you know there are a range of different ways you can be protected from a domestic abuse perpetrator?

• Non-molestation orders
• Occupation orders
• Prohibited steps orders
• Enforcement
• Undertakings
• Domestic Violence Protection Notice (DVPN) / Domestic Violence Protection Order (DVPO)
• Restraining orders
• Domestic Abuse Protection Orders (DAPOs)

Domestic Abuse Protection Orders (DAPOs) are currently being piloted in certain areas of England and Wales. They are protective orders for those experiencing domestic abuse. A DAPO can prohibit the abuser from doing certain things for a set period, such as contacting or communicating with the victim, harassing, threatening or approaching them, or posting about them on social media. DAPOs are the first protective orders available through both civil and criminal court proceedings.

A judge will grant the order if they consider it proportionate and necessary to protect the individual and keep the abuser away. The terms are similar across orders – not to contact, approach, intimidate, threaten or harass, etc. The duration is also similar, with the average being around one year. There are no court costs, and an order can be obtained with or without the abuser’s knowledge (although they will have the right to contest it). If the order is breached, it is a criminal offence which can result in a custodial sentence of up to five years, or a fine.
Additional requirements can be imposed where necessary, such as: 
 • Electronic monitoring (tagging) 
 • Attendance at a drug, alcohol or behaviour change programme

Within three days of a DAPO being issued, the abuser must report to their local police station and provide their name and address. The police may also take fingerprints and photographs. Failure to comply will automatically amount to a breach of the DAPO. The order can also include provisions similar to those in an occupation order, such as excluding the abuser from the family home and/or allowing the victim to return to it.

Greater Manchester Police have made 460 arrests since the pilot began 18 months ago, securing more than 870 DAPOs and making 465 arrests for breaches, ensuring swift action when offenders fail to comply.

In the last 12 months, they have recorded over 2,000 fewer domestic abuse cases compared with the previous year, alongside an increase in solved outcomes.

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Have you, or someone you care about, recently entered a new relationship, or are they thinking of reconnecting with an ex-partner?

Have you heard of the Domestic Violence Disclosure Scheme (DVDS)?

More commonly known as Claire’s Law, it enables police officers to disclose information to an individual about their current or former partner’s history of abusive or violent behaviour.

The scheme has two elements: the “Right to Ask” and the “Right to Know”.

The “Right to Ask” allows an individual, or a third party such as a friend or family member, to enquire whether a person’s partner or ex-partner has a history of violent or abusive behaviour. A Right to Ask application is straightforward and can be made over the phone via 101 or through your local police force’s online portal.

The police will review a range of records, and if these indicate that an individual may be at risk of domestic abuse from their partner or ex-partner, they will consider disclosing relevant information under the “Right to Know”, based on the level of risk and the individual’s safety.

Any disclosure is usually a summary and may include information from criminal investigations, statutory or third-sector agency involvement, or other sources of police intelligence.

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