If you or your children are at risk of harm, abuse, or harassment, protection orders can offer vital legal safeguards to ensure your safety. In the UK, various types of protection orders are available through the legal system to address domestic abuse, harassment, stalking, and other forms of harm.
Understanding how to access these orders is crucial for individuals seeking to escape abusive situations and live securely. This guide explains the steps involved in obtaining protection orders in the UK, the different types of orders available, and how they can protect you.
What Is a Protection Order?
A protection order is a legal measure issued by a court to prevent individuals from engaging in abusive, threatening, or harmful behaviour. These orders can restrict perpetrators from contacting, approaching, or harming the person seeking protection. They are designed to offer immediate and long-term safety for victims, often without requiring prior notification to the perpetrator.
Protection orders can apply to various situations, including domestic abuse, stalking, harassment, and threats to children. Breaching a protection order is a criminal offence, ensuring significant legal consequences for non-compliance.
What are the Types of Protection Orders in the UK
The UK offers several types of protection orders tailored to different circumstances. Below is an overview of the most common protection orders:
Non-Molestation Order
A Non-Molestation Order is intended to protect victims of domestic abuse from harassment, threats, or physical violence. This order can:
- Prohibit the perpetrator from contacting or approaching you and your children.
- Prevent the perpetrator from entering specific areas, such as your home, workplace, or children’s schools.
- Include clauses that restrict indirect harassment, such as encouraging others to intimidate or threaten you.
These orders are typically granted for six to twelve months but can be renewed. Breaching a Non-Molestation Order is a criminal offense, punishable by arrest and imprisonment.
Occupation Order
An Occupation Order determines who has the right to live in the family home and can:
- Exclude the perpetrator from the property.
- Prevent the perpetrator from entering a specified area around the home.
- Allocate responsibilities for rent or mortgage payments and property security.
Occupation Orders are particularly helpful in cases where the victim and perpetrator share a residence. They can last up to twelve months, with possible extensions.
Prohibited Steps Order
Under the Children Act 1989, a Prohibited Steps Order prevents someone with parental responsibility from taking specific actions regarding a child, such as:
- Removing the child from the other parent’s care.
- Taking the child out of the UK without consent.
These orders are often issued in emergency situations where there is a risk of abduction or harm.
Domestic Violence Protection Notice (DVPN) and Domestic Violence Protection Order (DVPO)
DVPNs are issued by the police as an immediate safeguard, requiring the perpetrator to leave the family home for up to 48 hours. Following this, the police can apply for a DVPO, which can extend protection for up to 28 days. These orders are particularly useful for providing victims time to seek further support or legal remedies.
Restraining Order
A Restraining Order is a criminal court order designed to protect individuals from harassment, threats, or violence. It can be imposed at the end of criminal proceedings, even if the defendant is acquitted if the court deems the order necessary.
Forced Marriage Protection Order (FMPO)
An FMPO protects individuals from being forced into marriage and offers remedies for those already in a forced marriage. The order can:
- Restrict perpetrators from taking specific actions, such as confiscating passports or travelling to arrange a marriage.
- Impose conditions to ensure the victim’s safety.
Female Genital Mutilation Protection Order (FGMPO)
An FGMPO safeguards girls and women at risk of female genital mutilation (FGM) or those who have undergone the procedure. It can:
- Prevent individuals from forcing someone to undergo FGM.
- Restrict perpetrators from contacting or approaching the victim.
Steps to Obtain a Protection Order
Seek Legal Advice
Consulting a solicitor experienced in family or criminal law is the first step. They can:
- Advise you on the most appropriate type of protection order for your situation.
- Assist you in preparing and submitting the application to the court.
Legal aid may be available for individuals who cannot afford a solicitor, especially in cases involving domestic abuse.
Gather Evidence
To strengthen your application, collect evidence that demonstrates the need for protection, such as:
- Photographs of injuries or property damage.
- Medical reports or police reports.
- Witness statements or correspondence (e.g., threatening messages).
File the Application
Applications for protection orders are submitted to the Family Court or the relevant civil court. Your solicitor will help you complete the necessary forms and submit supporting documents. Some orders, such as Non-Molestation Orders, can be applied for on an emergency basis (without notice), ensuring immediate protection.
Attend the Court Hearing
For emergency orders, the court may grant protection without notifying the perpetrator (known as “without notice”). A subsequent hearing is usually scheduled within 14 days to allow the perpetrator to contest the order.
For standard applications, both parties will typically be required to attend a court hearing, where the judge will decide whether to issue the order based on the evidence presented.
Serve the Order
Once granted, the order must be formally served on the perpetrator to become enforceable. This can be done in court or via a process server. A copy of the order should also be provided to the local police and, where applicable, schools or landlords.
What Happens If a Protection Order Is Breached?
Breaching a protection order is a criminal offence. If the perpetrator violates the terms of the order:
- Call the police immediately and report the breach.
- Provide evidence of the breach (e.g., text messages, witness accounts).
The perpetrator can face arrest, imprisonment, fines, or both, depending on the severity of the breach.
Support Resources for Victims
In addition to legal remedies, several organisations provide support for victims of abuse and harassment:
- National Domestic Abuse Helpline: 0808 2000 247 (24/7)
- Women’s Aid: www.womensaid.org.uk
- Refuge: www.refuge.org.uk
- Victim Support: www.victimsupport.org.uk
These organisations can offer emotional support, advice on legal options, and assistance with finding safe accommodation.
Conclusion
Obtaining a protection order in the UK is a crucial step towards ensuring your safety and well-being. Whether you are facing domestic abuse, harassment, or threats, the legal system provides a variety of measures to protect you and your loved ones. By seeking legal advice, gathering evidence, and understanding the process, you can take action to safeguard your future.
Remember, help is always available. Reach out to support organisations, legal advisors, or the police if you feel unsafe. You are not alone, and there are resources ready to assist you.
FAQs About Protection Orders
1. Can I apply for a protection order without a solicitor?
Yes, you can apply without a solicitor, but legal advice is highly recommended to ensure your application is strong and complete.
2. How long does it take to get a protection order?
Emergency orders can be issued within 24-48 hours, while standard applications may take several weeks, depending on the court’s schedule.
3. Do I need to prove physical abuse to get a protection order?
No, protection orders can be granted for various forms of abuse, including emotional, psychological, and financial abuse.
4. Can protection orders be extended?
Yes, many protection orders can be renewed or extended if the risk persists.
5. What if the perpetrator lives with me?
You can apply for an Occupation Order to exclude the perpetrator from the home, even if they have legal occupancy rights.