Below are some Frequently Asked Questions and Answers about applying for civil protection orders.
A legal injunction issued by the civil family court to protect you from harassment or harm by a partner or family member. A Non-Molestation Order (NMO) typically lasts for 6 to 12 months but can be extended or made indefinite based on circumstances. You can apply for an extension or change its terms if your situation changes, especially if there are concerns about children involved. If you would like to know more about NMOs, please Click Here
A court order that defines who can occupy a shared residence, such as a marital home. It can restrict a perpetrator (Respondent) from entering the property and is often issued alongside an NMO to ensure your safety. If you would like to know more about Occupation Orders Click Here
When applying for a legal injunction you will need to provide a sworn witness statement. Typically, the police statement cannot be shared with a third-party organisation. Completing your statement for a court order usually takes around 15 to 20 minutes.
You must submit a sworn witness statement along with any supporting evidence. This could include text messages, photographs, crime reference numbers, or recordings that demonstrate the need for protection
Yes, your presence at the hearing is usually required when applying for a court order. However, if necessary, the Judge may allow you to attend via video link, especially in cases where safety is a concern.
When court proceedings are issued ‘with notice’ the perpetrator (Respondent) will be notified and will be obliged to attend court. Or the Judge may issue the application on an emergency ‘ex-parte’ (without notice) basis, meaning it can proceed without informing the Respondent.
You (the Applicant) will then meet with your legal representative (if appointed) and the Judge, who will assess the urgency of your application and may issue a temporary NMO.
Once a hearing is scheduled, the Respondent will be served with the interim order and relevant court documents. If the situation isn’t deemed urgent, the process may take longer and be put ‘on notice,’ giving the Respondent a chance to contest the order in court before it is finalised.
Generally, a NMO won’t be granted if bail conditions are in place and are providing sufficient protection. However, if those conditions are breached, and you face significant risk of harm, you can then apply for the order.
There is no court fee to apply for a NMO or Occupation Order. Legal Aid is government-funded support for victims of domestic abuse, covering the cost of legal representation.
To qualify, you must meet criteria regarding recent domestic abuse incidents and your financial status, which requires documentation like ID and bank statements for assessment.
The Domestic Abuse Alliance provides a pro bono (free) service to support your court application if you are not eligible for legal aid funding, or alternatively you can be referred to a solicitor to proceed on a private basis.
A Domestic Abuse Protection Order (DAPO) is a new civil order designed to provide flexible, longer-term protection.
DAPOs are being trialled in a small number of areas across the UK (including Greater Manchester and parts of London) to assess their effectiveness and impact prior to being rolled out nationally. If you would like to know more about Domestic Abuse Protection Orders (DAPO) Click Here
A Restraining Order is a criminal court order designed to protect a victim from harassment, abuse or unwanted contact following criminal proceedings. It can prohibit the perpetrator from contacting you directly or indirectly, attending your home or workplace, or engaging in specific behaviours.
A Restraining Order can only be made as part of criminal proceedings. An individual cannot apply independently for a Restraining Order through the criminal courts. Instead, they provide views and evidence to the police/Crown Prosecution Service, who then decide whether to seek an order.
The police gather evidence and provide information (including the person’s views) but they do not apply to the court themselves – only the CPS or the court can trigger the order.
Breaching a Restraining Order is a criminal offence.
If you would like to find out more about Restraining Orders, please Click Here
