Domestic abuse

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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.

There

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Latest Family News

Family Procedure Rules 2010 Practice Direction Update No 7 of 2024

The seventh Family Procedure Rules 2010 (FPR 2010) Practice Direction (PD) update of 2024 has been issued, making amendments to six existing PDs and inserting three new PDs. The PD update makes provision for transparency orders where reporters have attended hearings in most types of proceedings relating to a child and in placement order proceedings where the application for a placement order is made within proceedings for a care order. Permanent provision is made to underpin the contested financial remedy online digital service for legal representatives. The pathfinder pilot is extended until 31 March 2026 in existing sites and expanded to additional courts. The pilot for notification to the police of non-molestation orders and of occupation orders with a power of arrest attached is extended until 28 February 2026. Amendments to allow local flexibilities to be adopted in the Child Arrangements Programme are extended until 28 February 2027 and the correct address for filing certain documents with the High Court is updated.

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