What is a protection Order?
A protection order is a legal measure designed to keep a person away from another with the aim to protect them from domestic abuse, harassment and threats of violence. They usually last a year, but ultimately the decision is up to the judge so they can be put in place anywhere from 6 months to an unbound duration and can be obtained through both civil and criminal courts.
Non-Molestation Orders are the most common of protection orders and are obtained by the victim-survivor themselves via a solicitor (either privately paid or using legal aid funding) or self-representing as a litigant in person (there are no court costs for a non-molestation order).
Civil orders can be obtained from local family or county courts such as:
- Non-Molestation orders
- Occupation orders
- Prohibitive Steps orders
- Domestic Abuse Protection orders or DAPOs (in the current pilot areas)
- Harassment orders
- Forced Marriage Protection orders
Protective orders granted from the criminal courts are Restraining orders which are put in place following conviction or acquittal. From the magistrate courts Police can obtain Stalking Protection orders, Domestic Violence Protection Orders and Domestic Abuse Protection Orders (in pilot areas).
Orders such as Restraining orders, Stalking Protection orders, DAPO’s and Non-Molestation orders have an automatic power of arrest attached to them, meaning it is a criminal offence if breached. A power of arrest can be placed on other orders by a judge if they deem it appropriate to do so, and others, if breached, can be dealt with under contempt of court.
When did protection orders start?
The first order of protection in the UK for domestic abuse was part of the Domestic Violence and Matrimonial Proceedings Act 1976, which provided legal remedies for those subjected to domestic violence, giving them new rights and to obtain injunctions to protect themselves and their families. Restraining orders followed under the Protection from Harassment Act 1997, and amendments made in 1997 to the Family Law Act 1996 introduced Non-Molestation and Occupation orders.
The evolution of protective orders continued under the Domestic Violence, Crime & Victims Act with the breach of Non-Molestation and Occupation orders becoming a criminal offence in 2004. Further amendments were made to the Family Law Act 1996 under the Forced Marriage Act 2007 to include Forced Marriage Protection Orders. The Stalking Protection Act 2019 brought in Stalking Protection Orders and in the last year, Domestic Abuse Protection Orders are currently being piloted under the Domestic Abuse Act 2021.
What are the benefits of a Non-Molestation order?
Empowerment – A non-molestation order can empower the person obtaining the order by giving them a choice in how and when they access protection and on their own terms.
Criminal Enforcement – It is a criminal offence to breach a non-molestation order. This gives the person extra protection as the breach can be prosecuted if it is difficult to obtain the burden of proof required for a criminal offence such as an assault. Of course, there will be a lower penalty for the offence of a breach of an order than that of an assault, but it will still create a criminal record which can be picked up during a Claire’s Law disclosure and may turn up on DBS checks. Repeated breaches may result in further charges and even a custodial sentence.
Flexibility – Non-Molestation orders can be flexible protection for both the victim and their children and can include extra measures such as exclusion zones to the order which prohibits the abuser to be on certain streets or/and areas and can also include conditions regarding communication if required.
Speed – They are quick to obtain and can be applied for on an emergency basis, this is integral for the immediate safety and protection of that person and intersecting the cycle of abuse they may experience (where the abuser constantly contacts and stalks that person after an incident) reducing the chances of reconciliation.
Police Deterrence – The threat of police enforcement due to a breach can be effective in reducing abuse. This could be because of varying factors – maybe it is the first time the perpetrator has officially heard that their behaviour is unacceptable, or they may not want to get involved in the criminal justice system as there may be consequences such as losing their job. Civil orders extend the ‘tool kit’ available for police and other services to protect people and manage the perpetrator’s behaviour.
Recovery Space – Provides space for the person to recover, get support from local services or peer support programmes, acknowledge their options, understand what has happened, realise it is not their fault, and begin to move forward.
Lower Evidence Threshold – In civil law, less evidence is needed to obtain a Non-Molestation order, as the burden of proof is based on the ‘balance of probabilities’ rather than proving that something has happened ‘beyond all reasonable doubt’— the threshold required in criminal law. This makes civil orders a valid alternative option for the victim-survivor if an incident has been reported to the police and dropped due to lack of evidence.
No Police Report Needed – An incident doesn’t need to be reported to the police to obtain a civil protective order. However, if the order is contested, evidence of reporting to the police or other organisations can be useful.
The benefits of NCDV in assisting to obtain a civil order
NCDV understands domestic abuse; our staff are trained and trauma informed. We are sensitive to each person’s situation and do not judge or discourage anyone in need of protection. If someone isn’t ready, they can recontact us when they are.
Obtaining Non-Molestation orders and Domestic Abuse Protection Orders (in pilot areas) is all we do, day in, and day out. Because of this, we have really streamlined our process to make it as quick and efficient as possible.
A breach of a protective order can only be acted on if the police know that one is in place. Once the order is granted and served on the perpetrator, a copy of the order is sent to the victim-survivor’s local police force and a copy is placed on our ASSIST database, a system where all orders obtained by NCDV are uploaded and accessible to police officers 24/7.
NCDV have been around since 2002 and currently obtain approximately 30% of all the non-molestation and occupation orders in England & Wales.
If someone isn’t eligible for Legal Aid, we have the largest pro bono team in the country to assist them free of charge.
NCDV also signpost the victim/survivor to relevant services who can offer further advice or/and emotional and practical support.
On a final note
Obtaining a protective order is a critical step in helping victim-survivors break free from abuse and begin their recovery. An order can significantly reduce further harm and be a positive first step in the complexity of domestic abuse. This is not something everyone is automatically aware of, but incredibly useful to know about, and also inform others about, as an option that is available.
Further information on NCDV and the orders we obtain for those experiencing domestic abuse can be accessed via out free training sessions which can be joined individually or arranged for a team via About Our Training – NCDV.
Julia Gatie
Training Team Manager, NCDV
This blog is for general information only and does not constitute legal advice.