In my 13 years as a trainer with NCDV, I’ve heard countless myths and misconceptions about Protection Orders repeated during training sessions. Fortunately, I’m in a position to challenge these and share the truth. But it’s clear that if such misunderstandings exist among professionals, they’re likely to be even more widespread among the general public. That’s why it’s vital that those experiencing domestic abuse have access to accurate information about how Protection Orders work, and the real protection they can provide. This is something NCDV are passionate about and can help with.
Myth 1: Protection Orders don’t work – it’s just a piece of paper
This is one of the most damaging misconceptions, and one I hear all too often. The idea that a Protection Order is “just a piece of paper” undermines the very real legal power these orders carry. In reality, Protection Orders are legally enforceable and can offer real, immediate safety for those experiencing domestic abuse.
Breaching a Non-Molestation Order or a Domestic Abuse Protection Order (DAPO) is a criminal offence, and perpetrators can face arrest, prosecution, and even imprisonment. These orders are backed by the courts and the police, and they send a clear message: abuse is not tolerated, and there are consequences.
While no legal tool can guarantee absolute safety, Protection Orders are a powerful part of a wider safety strategy. When combined with support from Independent Domestic Violence Advisors (IDVAs), the police, and organisations like NCDV, they can be life changing.
Myth 2: Protection Orders are only for married couples
This misconception can prevent many people from seeking the protection they’re entitled to. The reality is that Protection Orders, such as Non-Molestation Orders and DAPOs, are available to a wide range of individuals, not just those who are married.
You can apply for a Protection Order if you:
- Are or have been married or in a civil partnership with the abuser
- Are or have had an intimate relationship, including dating or cohabiting
- Are or have been a family member, including extended family such as in-laws or step-relatives
- Share or have shared parental responsibility for a child with the abuser
- Are in a same-sex relationship
- No longer live with the abuser
The law recognises that domestic abuse can happen in many types of relationships, and eligibility is based on the nature of the connection, not marital status. This inclusiveness is vital, and it’s something NCDV works hard to promote and support.
Myth 3: You need a solicitor to apply for a protection order
This myth can be a major barrier for people seeking safety, especially those worried about the cost of legal representation. The truth is you do not need a solicitor to apply for a Protection Order. Many people go through the process as a Litigant in Person, meaning they represent themselves in court.
This is where NCDV plays a crucial role. As a national organisation, NCDV helps individuals access protection regardless of their financial situation. If someone isn’t eligible for legal aid or can’t afford a contribution, NCDV supports them to self-represent by:
- Preparing the court bundle and necessary documents
- Assisting with the statement for the application
- Helping them prepare for the hearing
- Advising how they can be supported in the courtroom by a McKenzie Friend (through organisations such as Support Through Court) or requesting a trusted person be allowed to accompany them.
NCDV also carries out an initial assessment to determine whether someone qualifies for legal aid. If they do, NCDV will appoint a solicitor and help them get to court. If not, they’ll receive full support to navigate the process independently.
No one should be denied protection because they can’t afford legal representation. With the right guidance and support, applying for a Protection Order is absolutely possible, and NCDV is here to help.
Myth 4: People lie to get a protection order because it’s easier in civil court
This myth stems from a misunderstanding of how the civil court process works. It’s true that Protection Orders like Non-Molestation Orders and DAPOs are obtained through the civil route, which uses the ‘balance of probabilities’ rather than the higher criminal standard of ‘beyond reasonable doubt’. But that doesn’t mean someone can simply lie and get an order without scrutiny.
If an order is made ‘ex parte’, meaning without the alleged perpetrator being notified in advance, the court will always schedule a return hearing. This gives the alleged perpetrator the opportunity to attend court, present their side, and challenge the order.
At the return hearing, the judge will:
- Uphold the order if the evidence shows, on the balance of probabilities, that the applicant is a victim of domestic abuse and the order was made appropriately
- Or discharge the order if the alleged perpetrator demonstrates that the information provided was false or misleading
This process is a vital safeguard. It ensures that Protection Orders are not granted lightly and that both parties have the opportunity to be heard. While the civil burden of proof is lower than in criminal cases, it is still a legal standard that must be met, and judges are trained to assess credibility and evidence carefully.
It’s also important to recognise that Non-Molestation Orders carry serious consequences if breached, just like Restraining Orders obtained through the criminal courts. Both are enforceable by law, and both are designed to protect victims from further harm.
Final thoughts
Protection Orders are powerful legal tools that save lives, but only if people know they exist, understand how they work, and feel confident to apply. Myths and misconceptions can create unnecessary fear, confusion, and delay. That’s why it’s so important to challenge them.
Whether someone is eligible for legal aid or not, NCDV is here to help. We’re committed to making sure every person experiencing domestic abuse has the information, support, and protection they need – without barriers.
Sally Herzog
Training & Relationships Manager, NCDV
This blog is for general information only and does not constitute legal advice.