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    Who Can Apply for a Protection Order? Clear breakdown of eligibility

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    Who Can Apply for a Protection Order? Clear breakdown of eligibility

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    Who Can Apply for a Protection Order in the UK?

     When people think about domestic abuse protections, they may imagine married, heterosexual couples. But the reality is that UK law protects a wide range of people, regardless of gender, sexual orientation, or relationship status. Whether you’re in a same-sex relationship, living apart, or not married, you may still be eligible for legal protection. And it covers people in any family-type relationship with an abuser, not just current or former intimate partners.

    This blog explores who can apply for two key types of protection orders: Non-Molestation Orders (NMOs) and Domestic Abuse Protection Orders (DAPOs).

     

    Non-Molestation Orders (NMOs)

    A Non-Molestation order is a type of injunction under the Family Law Act 1996. It is designed to protect individuals and their children from abuse, harassment, or threats.

    To apply, you must be an “associated person” with the respondent. This includes:

    • Current or former spouses or civil partners
    • Fiancés/fiancées or proposed civil partners (if the engagement ended within the last 3 years)
    • Unmarried partners, including same-sex partners, if you’ve lived together or had a significant relationship
    • Family members, such as parents, siblings, aunts/uncles
    • Co-parents, including adoptive or biological parents
    • People involved in the same family court proceedings

    You do not need to be married, heterosexual, or even currently living with the person to apply. The law recognises the diversity of modern relationships and family structures.

    Important difference: To be granted a Non-Molestation Order, there generally needs to be a history or pattern of abusive behaviour. The court will consider past incidents and the likelihood of future harm.

     

    Domestic Abuse Protection Orders (DAPOs)

    DAPOs are a newer form of protection introduced under the Domestic Abuse Act 2021. They are currently being piloted in specific areas of England and Wales, with plans for wider rollout.

    Key features:

    • Available to anyone aged 16 or over experiencing domestic abuse
    • The abuser must be 18 or over and personally connected to the victim
    • Applications can be made by:
    • The victim
    • A third party (with court permission)
    • Police or social workers (even without the victim’s application)

     

    DAPOs can include:

    • No-contact conditions
    • Exclusion from certain areas (like your home or workplace)
    • Behaviour change programmes for the abuser
    • Electronic monitoring (tagging)

    Unlike Non-Molestation orders, DAPOs do not require a history of abuse. They can be applied for after a single incident, making them a powerful early intervention tool.

    Again, there is no requirement to be in a heterosexual or married relationship. The law is inclusive and protective of all victims, including those in LGBTQ+ relationships or non-cohabiting situations.

     

    Final Thoughts

    Domestic abuse can affect anyone. The law is clear: protection is available to all, regardless of gender, sexuality, or relationship status. If you or someone you know is experiencing abuse, help is available.

    If you’re not sure about your eligibility, why not refer anyway? It’s quick and easy and we can have the conversation at the assessment stage. If someone is not eligible right now, or is unwilling to proceed, they know where we are should anything change or escalate. We call back every person referred to us as soon as possible, often the next working day.

    At NCDV, we support individuals in applying for protection orders, whether through legal aid or by helping them represent themselves as a litigant in person. If you’re unsure whether you qualify, reach out — we’re here to help.

     

    Need help applying for a Protection Order? Contact NCDV for free, confidential support https://www.ncdv.org.uk/

     

    Sally Herzog

    Training & Engagement Manager, NCDV

     

    This blog is for general information only and does not constitute legal advice.

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    By Fiona Bawden, Times Online (8th May 2007)

    “Steve Connor, a student at City Law School, is a man on a mission. Six years ago he was a fairly directionless 27-year-old. Today, as well as taking the Bar Vocational Course, he is chairman of the National Centre for Domestic Violence, a ground-breaking organisation that he dragged into existence after a friend could not get legal help to protect her from an abusive partner.

    Connor’s route to the Bar has been circuitous. In 2001 he returned from a year in Australia (he says that he would not dignify describing it as a gap year), and took a job as a process server in South London. The job (“I just saw it advertised in the paper”) was not quite as dull as it sounds. On one occasion he was threatened with a machete, on another, he was nearly stabbed by a man he had arranged to meet on Clapham Common to serve with a non-molestation order: “He’d seemed really friendly on the phone…”

    The turning point in his life came when a friend, who was being abused by her partner, turned to him for support. Connor went with her to the police. She did not want to press criminal charges so the police suggested that she visit a solicitor to take out a civil injunction. “We must have seen 12 solicitors in a morning. We just went from one to the next to the next to the next. Everyone was very eager to help until we sat down to fill in the forms for the legal aid means test,” he says. The woman, who had a small child, did not qualify for public funding. But, Connor says, her financial situation as it appeared on paper did not bear any relation to her financial situation in reality. “She had a part-time job and she and her partner owned their home. Yet she didn’t have any money. Her boyfriend was very controlling and controlled all the money; he kept the chequebooks and didn’t let her have access to the bank account.”

    The injustice of the situation got under Connor’s skin. “I just couldn’t believe that there was no help available to people who did not qualify for public funds but could not afford to pay.

    I just kept feeling that this must be able to be sorted if only someone would address it.”That “someone” turned out to be him.

    In 2002, thanks entirely to Connor’s doggedness, the London Centre for Domestic Violence was formed. It started out with him and a friend, but is now a national organisation, covering 27 counties, and has helped approximately 10,000 victims last year to take out injunctions against their partners.

    NCDV now has nine full-time staff, 12 permanent volunteers and has trained over 5000 law and other students as McKenzie Friends to accompany unrepresented victims into court. We have also trained over 8000 police officers in civil remedies available regarding domestic violence. The National Centre for Domestic Violence (NCDV) has branches in London, Guildford and Manchester and is on track to have branches in 16 areas within the next two years.

    NCDV specialises exclusively in domestic violence work and could be characterised as a cross between McDonald’s and Claims Direct. The high degree of specialisation means that its processes are streamlined: clients can be seen quickly and the work is done speedily and cheaply. “Sometimes, we will have one of our trained McKenzie Friends at a court doing 10 applications in one day,” Connor says.

    Clients are not charged for the service. NCDV staff take an initial statement: clients who qualify for legal aid are referred to a local firm; those that don’t get free help from the centre itself. It runs on a shoestring, heavily reliant on volunteers and capping staff salaries at £18,000 a year.

    Steve expects to qualify as a barrister this summer and hopes that having a formal legal qualification will give the centre added clout. “We are already acknowledged as experts and consulted at a high level, so I thought it would be helpful if I could back that up by being able to say I’m a barrister,” he says. He is just about to complete a one-year full-time BVC course at the City Law School (formerly the Inns of Court Law School) and, all being well, should be called to the Bar in July. Although Connor sees his long-term future as a barrister, he says that he has no immediate plans to practise. “I want to get NCDV running on a fully national level. Then I may take a step back and have a career at the Bar.”