Home Insights Domestic Abuse Protection Orders and How to Obtain One
Article

Domestic Abuse Protection Orders and How to Obtain One

Tribunal Banner

1. Domestic Violence Protection Orders (DVPOs)

Purpose: Provide immediate protection to victims following a domestic violence incident.

How to get them:

  • Police can issue a Domestic Violence Protection Notice (DVPN) on the spot
  • Within 48 hours, a court hearing is held to decide whether to issue a DVPO
  • DVPOs can last up to 28 days

2. Non-Molestation Orders

Purpose: Prevent an abuser from using or threatening violence, or harassing, pestering, or intimidating the victim.

How to get them:

  • Apply to a family court
  • Can be obtained without notice to the abuser in emergency situations
  • Usually last for 6 to 12 months but can be renewed

3. Occupation Orders

Purpose: Regulate who can live in the family home or enter the surrounding area.

How to get them:

  • Apply to a family court
  • The court considers factors like housing needs and financial resources
  • Can last for 6 to 12 months and may be renewed

4. Restraining Orders

Purpose: Prohibit the abuser from doing certain things, like contacting the victim or going to certain places.

How to get them:

  • Usually issued by criminal courts after a conviction or acquittal for any offence
  • Can also be applied for in civil courts
  • Can be made for any length of time, including indefinitely

5. Domestic Abuse Protection Orders (DAPOs)

Purpose: Provide flexible, long-term protection for victims. (Introduced by the Domestic Abuse Act 2021)

How to get them:

  • Can be applied for by the victim, police, relevant third parties, or courts on their own initiative
  • Available in criminal, family, and civil courts
  • Can include both prohibitions and positive requirements on the perpetrator
  • Can last for a specified period or until further order

To obtain these orders:

1. Gather evidence: Keep records of incidents, including dates, times, and any witnesses.

2. Seek legal advice: Consult a solicitor specialising in family law or domestic abuse.

3. Apply to the appropriate court: This varies depending on the order.

4. Attend the hearing: Present your case to the judge.

5. Follow up: Ensure the order is properly served on the abuser.

Remember, emergency protection is available through the police and helplines. If in immediate danger, always call 999.

Contact Eric Robinson Solicitors

If you would you like more information on any specific aspect of these protection orders, contact Sarah Lightfoot-Webber, our domestic abuse specialist, on 01489 774821 or sarah.lightfoot-webber@ericrobinson.co.uk for a free, informal and confidential appointment.