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.
Comprehensive guide to protection orders available to ex‑partners and former cohabitees in England and Wales, explaining non‑molestation orders, occupation orders, DAPOs, eligibility, application process and enforcement to help victims of domestic abuse and harassment secure legal protection.
After relationships end, some people face ongoing abuse, harassment, intimidation or threats from former partners or those they lived with. In England and Wales, the legal system provides protective orders that can restrict harmful conduct and help safeguard victims. These orders are civil remedies issued by courts and, in many cases, breaches constitute criminal offences. This article explains what protection orders are available to ex‑partners and former cohabitees, who can apply, how the legal process works, and what victims should consider when seeking protection.
The Legal Framework for Protection Orders
Protective orders in England and Wales arise from a combination of family law and criminal and civil statutes:
- Family Law Act 1996 (Part IV) provides for non‑molestation orders and occupation orders where there is an “associated” relationship between the applicant and respondent. These orders aim to prevent further abuse and manage occupancy of a shared home. Breach of some orders is an arrestable offence under subsequent legislation.
- Domestic Abuse Protection Orders (DAPOs) have been introduced by the Domestic Abuse Act 2021 in specific pilot areas to offer broader protective powers.
- Orders under the Protection from Harassment Act 1997 such as stalking protection orders may also be relevant where harassment or stalking continues after a relationship ends.
Who Can Apply for a Protection Order
To apply for most family law protection orders, the applicant must be an “associated person” to the respondent under the Family Law Act 1996. This includes people who have been in domestic relationships with the respondent, such as:
- Spouses or civil partners, including former spouses or civil partners.
- Cohabitees or former cohabitees who lived together as if they were married or in a civil partnership.
- People who have had an intimate personal relationship of significant duration.
- Parents or carers of a shared child with the respondent.
These criteria mean that many ex‑partners and former cohabitees are eligible to seek court protection when they have experienced abusive or threatening conduct.
Types of Protection Orders Available
Non‑Molestation Orders
A non‑molestation order is designed to prevent a person (the respondent) from molesting the applicant or a relevant child. This can include prohibitions on:
- Threatening, intimidating or harassing the applicant.
- Using or threatening physical violence.
- Contacting or pestering the applicant directly or indirectly.
- Coming near the applicant's home, workplace or other specified places.
A non‑molestation order can be applied for whether the relationship has already ended or is ongoing. If granted, breach is a criminal offence with penalties including arrest and potential imprisonment.
Occupation Orders
An occupation order regulates who can live in the shared home and can be important when former cohabitees or ex‑partners still have rights to the property. It can:
- Require the respondent to leave the family home.
- Restrict their access to certain areas or stay away from the property.
- Allow the applicant (and any children) to remain safely in the home.
Occupation orders focus on occupancy rights and safety rather than behaviour alone, and applicants must show eligibility under the Family Law Act criteria and the court must assess harm and housing needs.
Domestic Abuse Protection Orders (DAPOs)
DAPOs are a newer type of order being rolled out in pilot areas of England and Wales. They aim to provide broader protective measures, including:
- Restrictions on contact or proximity to the applicant.
- Behaviour change programme requirements.
- Electronic monitoring or other conditions.
Application for a DAPO is subject to specific geographic eligibility (such as certain police areas) and requires the applicant to show ongoing risk of abuse or harm.
Stalking Protection Orders
Where harassment or stalking continues after separation, stalking protection orders (introduced under the Stalking Protection Act 2019) can be obtained by police through the magistrates' court. These can include prohibitions and positive requirements tailored to risk. Breach is a criminal offence.
How to Apply for a Protection Order
Applications for family law protection orders such as non‑molestation or occupation orders are typically made in the family court using appropriate forms and supporting witness statements detailing the abusive conduct. In urgent circumstances, courts can grant orders without notice to the respondent to protect applicants immediately, with a subsequent full hearing scheduled.
Applicants must demonstrate:
- Evidence of abusive, threatening or controlling behaviour.
- The relationship qualifies under the “associated person” criteria.
- If seeking an occupation order, evidence relating to housing rights and the risk of harm without the order.
DAPO applications in pilot areas follow separate procedures, and applicants should confirm whether they are eligible based on the respondent's residence.
Time Limits, Duration and Enforcement
Protection orders are usually granted for a defined period (for example non‑molestation orders often last six to 12 months) and can be extended if protection remains necessary. Breach of many orders-especially non‑molestation, DAPOs and stalking protection orders-is a criminal offence, allowing police to arrest the respondent and prosecutors to pursue charges.
Enforcement through criminal prosecution and civil contempt proceedings encourages compliance and enhances victim safety.
Practical Considerations for Ex‑Partners and Cohabitees
- Gather Evidence: Detailed accounts, records of threats, messages, witnesses and police reports improve the strength of applications.
- Consider Dual Orders: Applicants may apply for both non‑molestation and occupation orders simultaneously if safety and housing issues overlap.
- Legal Support: Although individuals can apply without a solicitor, specialist legal advice and support services (such as domestic abuse support organisations) can help navigate the process and protect sensitive information.
- Eligibility Limits: People who have not been in qualifying relationships under the Family Law Act (for example strangers) may need alternative remedies such as injunctions under the Protection from Harassment Act 1997.
Key Takeaways
Protection orders offer essential safeguards for ex‑partners and former cohabitees facing ongoing abuse, harassment or threats in England and Wales. Key orders include non‑molestation orders, occupation orders and, in certain areas, domestic abuse protection orders (DAPOs), with police‑led stalking protection orders also available. Eligibility depends on the nature of the relationship, and orders focus on preventing harmful conduct and securing safe living arrangements. Many protective orders carry criminal sanctions for breach, reinforcing their role in victim safety and harm reduction. Understanding these options helps victims and solicitors choose the most appropriate legal response to ongoing risks.
