This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Discover the legal powers in England and Wales that allow victims of domestic abuse to have an abuser removed from the home. This comprehensive guide explains police emergency notices, protection orders, occupation orders and civil remedies to stop abuse and secure housing safety.
Legal mechanisms in England and Wales allow victims of domestic abuse to seek urgent protection that can include removing an abuser from the home and preventing them from returning. These powers arise from civil and criminal law, and vary in immediacy, duration and process. Understanding the options, how they work, and when they apply helps individuals make informed decisions in urgent and ongoing situations where safety and housing rights are at stake.
Why Removing an Abuser May Be Necessary
Domestic abuse is not only a criminal matter but also a civil rights issue that affects safety, wellbeing and one's right to a home. If someone is experiencing violence, threats, harassment, or controlling behaviour from a partner, ex‑partner or household member, the law provides specific orders and powers to protect victims and, where appropriate, to exclude the abuser from the property. These powers help maintain safety and stability while legal processes continue.
Domestic Violence Protection Notices and Orders (DVPNs and DVPOs)
Emergency Police Powers
The Domestic Violence Protection Notice (DVPN) is an immediate police‑issued notice designed to protect victims where there is an ongoing risk of violence. A DVPN can:
- Require the abuser to leave the premises temporarily
- Prevent the abuser from returning to the home or contacting the victim for a short period.
A DVPN takes effect immediately upon service and lasts up to 48 hours. During that time, the police can apply to a magistrates' court for a Domestic Violence Protection Order (DVPO).
DVPO: Magistrates' Court Order
A DVPO is granted by a magistrates' court, typically following a DVPN. To obtain a DVPO, the court must be satisfied on the balance of probabilities that:
- The offender has been violent or threatened violence, and
- The order is necessary to protect the victim.
A DVPO can last up to 28 days and can include provisions that:
- Stop the abuser from returning to the home
- Prevent the abuser from contacting the victim
- Require the abuser to stay away from specified places.
Importantly, DVPNs and DVPOs can be made without the victim's consent if the court considers them necessary for protection.
Occupation Orders
Family Courts: Civil Remedy Under the Family Law Act 1996
An occupation order is issued by the family court under the Family Law Act 1996. Unlike a DVPO-which is a short‑term emergency measure-an occupation order regulates who may live in or access the home on a longer‑term basis. The order can:
- Suspend the abuser's rights to occupy the property
- Require the abuser to leave the home
- Prevent them from returning or coming within a specified distance of the home.
The applicant must have legal standing, meaning they must own, rent, or have legitimate occupancy rights to the property through marriage, civil partnership or cohabitation arrangements.
Power of Arrest and Enforcement
An occupation order does not automatically include a power of arrest. However, where the court decides there is a risk of significant harm-such as violence or threats to the applicant or a child-the court should attach a power of arrest to ensure police can respond immediately if the order is breached.
If no power of arrest is attached, the victim can seek a warrant for arrest on breach, or pursue enforcement through contempt of court.
Non‑Molestation Orders and Other Civil Orders
Non‑Molestation Orders
While primarily used to prohibit an abuser from harassment or abuse, a non‑molestation order can also include conditions that effectively exclude an abuser from the home. This type of order is issued by the family court and, once in force, breaches are criminal offences.
A non‑molestation order can prohibit:
- Threats or actual violence
- Harassment and pestering
- Visiting or approaching the victim's home.
Although it does not directly decide occupancy rights, the practical effect of its terms can mean the abuser must stay away from the home. Police can enforce breaches and may arrest without a warrant where a power of arrest is attached.
Domestic Abuse Protection Orders (DAPOs)
New Protective Mechanism
Under reforms introduced by the Domestic Abuse Act 2021, Domestic Abuse Protection Orders (DAPOs) are being piloted in England and Wales. These orders can include tailored prohibitions and requirements, including measures to:
- Remove the abuser from the home
- Prevent the abuser from evicting or excluding the victim
- Stop the abuser from entering specified premises.
DAPOs may apply in family, civil or criminal court proceedings, and can be obtained by various applicants including the victim or the police. An order can be made for an indefinite period or until further order, depending on circumstances.
Police Powers Through Criminal Law
Arrest and Bail Conditions
In many domestic abuse cases, police powers to arrest and charge an abuser for criminal offences provide indirect means to remove them from the home. If a suspect is arrested and charged, the police or court can attach bail conditions that:
- Prohibit the abuser from returning to the victim's home
- Restrict contact with the victim and children.
These conditions protect the victim while criminal proceedings continue.
Immediate Protection
If a victim is in imminent danger, contacting police on 999 can lead to arrest or immediate intervention. Once a suspect is in custody, bail conditions are often used to ensure they stay away from the home and victim.
Practical Steps for Victims Seeking Removal Orders
1. Call the Police
If there is an immediate risk of harm, call emergency services. Police can arrest a suspect and impose bail conditions preventing them from returning home.
2. Seek a DVPO
Police can issue a Domestic Violence Protection Notice (DVPN) on the spot and apply for a DVPO to keep an abuser out of the home for up to 28 days.
3. Apply for Civil Protection
If longer‑term protection is needed, apply to the family court for an occupation order, non‑molestation order or, where available, a Domestic Abuse Protection Order (DAPO).
4. Attend Court Hearings
Provide evidence of abuse, risk to safety, and any children's welfare considerations at hearings. The court will balance these factors when deciding whether to remove the abuser from the home.
5. Enforcement and Breach
Once an order is granted with a power of arrest, police can enforce removal and arrest the abuser if they return or breach conditions.
Common Questions
Can the police force someone out of a home?
Yes. Through a DVPN or bail conditions attached after arrest, police can legally require an abuser to leave and stay away from the home.
Do civil orders affect property rights?
Occupation orders do not change ownership or tenancy, but they regulate who may occupy or access the home.
What happens if an abuser refuses to leave?
If a civil order with a power of arrest is in place, police can arrest the abuser for breach. If no power of arrest is attached, enforcement may be pursued through a warrant or contempt proceedings.
Final Thoughts
In England and Wales there are multiple legal powers to remove an abuser from the home, ranging from emergency police notices and orders to longer‑term civil protection orders issued by family courts. Immediate tools like DVPNs and DVPOs provide short‑term exclusion and safety, while civil remedies such as occupation orders, non‑molestation orders and DAPOs offer sustained protection tailored to individual circumstances. Victims should engage with the police, seek appropriate civil orders, and ensure evidence and safety considerations are presented clearly at hearings to secure effective legal protection.
