At Talbot Walker, we are committed to protecting victims of domestic abuse—whether physical, emotional, psychological, or financial. The law in England and Wales offers robust remedies to safeguard individuals and families from harm, and recent reforms have strengthened these protections further.
Looking for guidance?
If you are the victim of domestic abuse and violence, the court can make a Non Molestation Order to prevent violence, threats of violence, harassment, pestering and molesting behaviour for a defined period of time or until a further Court Order and with that Order the court will automatically attach powers of arrest.
A court can also make an Occupation Order which excludes someone from the former matrimonial home or coming within a certain distance of it.
Court Orders available to Victims:
- If you are experiencing domestic abuse, the court can issue the following orders under the Family Law Act 1996 and the Domestic Abuse Act 2021:
- Non-Molestation Order – Prevents a person from using or threatening violence, harassing, pestering, or intimidating you. These orders can be made urgently and typically include an automatic power of arrest, allowing police to intervene immediately if breached.
- Occupation Order – Regulates who can live in the family home or enter its vicinity. It can exclude the abuser from the property—even if they legally own it. In certain cases, the court may attach a power of arrest to this order as well.
- Undertakings – These are formal promises made to the court by the respondent to stop certain behaviours. While they do not carry a power of arrest, breaching an undertaking can result in contempt of court, punishable by imprisonment.
Breach of Orders:
- Breaching a Non-Molestation Order is a criminal offence under Section 42A of the Family Law Act 1996. It is recordable and can result in arrest, prosecution, and a criminal record.
- Breaching an Occupation Order or Undertaking may lead to civil contempt proceedings and imprisonment.
Legal Updates in 2025:
- Recent changes have expanded and clarified protections for victims:
- Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) were introduced nationally in 2025. These new tools:
- Cover all forms of abuse, including coercive control, stalking, and psychological harm.
- Can be issued by police or courts across civil, family, and criminal jurisdictions.
- Include electronic tagging and exclusion zones for perpetrators.
- Allow third parties (e.g. family or support workers) to apply on behalf of victims.
- Have no time limit, offering long-term protection.
- Offenders convicted of coercive or controlling behaviour and sentenced to 12 months or more are now managed under Multi-Agency Public Protection Arrangements (MAPPA)—a framework previously reserved for violent and sexual offenders.
- New statutory guidance for Independent Domestic Violence Advisers (IDVAs) was published in May 2025, improving support for survivors navigating the justice system and ensuring better coordination among professionals.
We are here to help:
- If you are in immediate danger, call 999. For confidential legal advice and support, contact our family law team. We can help you apply for protective orders, connect you with support services, and ensure your safety and rights are upheld.
