Protection orders for domestic abuse, explained

Reviewed 19 October 2026 · Information for England and Wales

There are several kinds of court order that can protect you from domestic abuse. The right one depends on three things: your relationship to the abuser, whether you need them out of the home, and whether the police are already involved.

What the law calls domestic abuse

The Domestic Abuse Act 2021 makes clear that domestic abuse is much wider than violence. It includes:

• physical or sexual abuse
• violent or threatening behaviour
• controlling or coercive behaviour
• economic abuse – controlling your money, stopping you working, or stopping you getting what you need
• psychological or emotional abuse

It must come from someone "personally connected" to you – a partner, ex or relative, for example. Children who see, hear or live with the effects of abuse are recognised as victims in their own right.

The orders compared

Non-molestation order – the usual starting point

This is the order most people apply for themselves. It can forbid the abuser from:

• using or threatening violence against you or your children
• harassing, intimidating or pestering you – in person, by phone or message, or through others
• contacting you at all
• coming within a set distance of your home or workplace

Breaching it is a crime with up to five years in prison. There's no fee, and it can be granted the same day in an emergency. Read what a non-molestation order is and how to apply.

Occupation order – when you need them out

An occupation order decides who may live in the family home. It can make the abuser leave, prevent them returning, or keep them away from the surrounding area. The court weighs up the harm to everyone, especially children – the balance of harm test. See occupation orders and getting an abuser out of the home.

Both orders are requested on the same form, the FL401.

DAPOs

Created by the Domestic Abuse Act 2021, DAPOs can combine restrictions (such as no contact) with positive requirements (such as attending a programme or wearing an electronic tag). They have no maximum length, and breaching one is a crime.

They have been piloted in some areas since November 2024, and the government has announced a national roll-out across England and Wales from 25 November 2026. See DAPO or non-molestation order.

Police notices and orders

Police can give the abuser a protection notice on the spot, banning them from the home and from contacting you, usually for 48 hours, and then ask the magistrates' court for an order lasting up to 28 days. That breathing space lets you apply for longer-term protection. Where the new system is in use they're called Domestic Abuse Protection Notices and Orders; elsewhere you may still hear DVPN/DVPO.

Restraining orders

A criminal court makes a restraining order at the end of a prosecution, whether the defendant is convicted or acquitted. The prosecution asks for it – you don't. If there's no criminal case, or it will take months, a non-molestation order is usually quicker. See restraining order or non-molestation order.

Orders about children

If you fear the other parent will take or harm the children:

• a prohibited steps order can stop a parent doing something specific, such as taking the children out of school or abroad
• a child arrangements order sets out where the children live and who they see

You can also name the children on your FL401 so the non-molestation order protects them too.

Specialist orders

• Stalking Protection Orders – applied for by the police.
• Forced Marriage Protection Orders – from the Family Court.
• FGM Protection Orders – from the Family Court.
• Harassment injunctions – from the County Court, for people who aren't "associated" with you, such as a neighbour.

Quick chooser

• Partner, ex or relative, and you need protection now → non-molestation order
• You also need them out of the home → add an occupation order
• Police have just attended → ask about a protection notice, then apply for a non-molestation order
• A criminal case is under way → ask the prosecutor about a restraining order, but don't wait for it if you need protection now

We draft FL401s for non-molestation and occupation orders free – start your application.