Urgent Protection
We prepare without notice applications where the risk justifies them, with a statement addressed to the section 45 factors.
Family LawDomestic Abuse Solicitors
Domestic Abuse Solicitors
If someone you live with or have been close to is hurting, threatening, controlling or harassing you, the family court can order them to stop and, where the law allows, to leave the home. RakLAW Solicitors advises on non-molestation orders, occupation orders, urgent and without notice applications, forced marriage protection orders and what abuse means for your children's arrangements.
We act for applicants and for people who have been served with an application. Our office is at 42 Shad Thames, near Tower Bridge, and every matter starts with a free 15-minute consultation. If you are in immediate danger call 999; the National Domestic Abuse Helpline is 0808 2000 247.
Domestic Abuse and Injunction Advice in London SE1
Domestic abuse is not only physical violence. The Domestic Abuse Act 2021 defines it as abusive behaviour between two people aged 16 or over who are personally connected: physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological, emotional or other abuse, whether a single incident or a course of conduct. A child who sees, hears or experiences the effects of that abuse, and is related to either person, is a victim in their own right.
The civil remedies sit in Part 4 of the Family Law Act 1996: a non-molestation order, which prohibits a named person from molesting you or a relevant child, and an occupation order, which regulates who may live in the home. Part 4A adds forced marriage protection orders. None of these applications carries a court fee.
Which Domestic Abuse Service Do You Need?
Non-Molestation Orders
Prohibits a person you are associated with from molesting you or a relevant child; breaking it is a criminal offence.
View Non-Molestation Order AdviceOccupation Orders
Decides who may live in the family home and can exclude the respondent from it and the area around it.
View Occupation Order AdviceDomestic Abuse Route Finder
Find the Right Domestic Abuse Service
Answer a quick question and we will point you to the service that best fits your situation. Nothing is submitted and no details are stored.
Understanding Domestic Abuse Injunctions
A non-molestation order under section 42 of the Family Law Act 1996 prohibits a person from molesting you or a relevant child: the order can prohibit molestation in general as well as particular acts, so it covers harassment and threats, not only violence. Anyone associated with the respondent under section 62 can apply, which includes:
- current and former spouses and civil partners
- cohabitants and former cohabitants
- people who live or have lived in the same household, other than as an employee, tenant, lodger or boarder
- relatives
- people who have agreed to marry or to form a civil partnership
- people who have had an intimate personal relationship of significant duration
- people who are parents of, or who have parental responsibility for, the same child
The court considers all the circumstances, including the need to secure the health, safety and well-being of the applicant and any relevant child, and the order lasts for a specified period or until further order.
The route to an occupation order depends on your position. Someone entitled to occupy the home, as owner, tenant or through home rights as a spouse or civil partner, applies under section 33; a former spouse or former civil partner with no right to occupy applies under section 35, and a cohabitant or former cohabitant with no right to occupy applies under section 36. A section 33 order can be made for a specified period, until a specified event or until further order, while a section 35 or section 36 order lasts up to six months, extendable more than once under section 35 but only once under section 36. The court weighs housing needs and resources, finances, the likely effect on health, safety or well-being, and conduct; under section 33 it must make an order where the applicant or a relevant child would otherwise be likely to suffer significant harm attributable to the respondent's conduct, unless the respondent or a child would suffer significant harm that is as great or greater.
Evidence and Common Issues
The application is decided on your witness statement and what supports it: police reference numbers, medical records, messages, photographs and witness statements. It carries a statement of truth, so it must be accurate and specific. Form C8 keeps your address and phone number off the papers the respondent sees.
The application must be served on the respondent personally, not less than two days before an on notice hearing unless the court directs otherwise. Any order is served as soon as reasonably practicable. Neither may be served by you in person: a process server, your solicitor's agent or the court serves them.
Where there are children, Practice Direction 12J governs how the court handles abuse allegations before it decides contact. See our pages on domestic abuse in child arrangements cases and fact-finding hearings.
When Legal Advice Is Especially Important
You can apply without a solicitor. Advice makes the greatest difference when:
- you need an order before the other person finds out that you have applied
- you need the other person to leave the home, or you have been shut out of it
- an order has been broken and the police have not acted, or you are accused of breaking one
- the abuse is also an issue in a case about your children, in a divorce or in a dispute about the family home
- social services are involved because your children have seen or heard the abuse: see our care proceedings pages
- your right to stay in the UK depends on the relationship that has ended: see settlement after domestic abuse
We are privately funded and do not offer legal aid; see how we charge for family work.
How a Domestic Abuse Injunction Application Works
Non-molestation and occupation orders follow Part 10 of the Family Procedure Rules 2010; forced marriage protection orders follow Part 11.
- 01 Free Consultation
You tell us what has happened and what you need to be safe; we explain the orders available and whether to apply without notice.
- 02 Statement and Application
We draft your witness statement, complete form FL401 (FL401A for forced marriage) and form C8 where needed, and file the application.
- 03 Without Notice Hearing
Where the section 45 test is met the court can hear the application before the respondent is told, make an order and list a full hearing.
- 04 Service
The papers and any order are served on the respondent personally by a process server or the court, never by you.
- 05 Police Notification
A copy of a non-molestation order, or of an occupation order with a power of arrest, goes to the police with proof of service.
- 06 The Full Hearing
The hearing is in private. The court may make a final order, accept an undertaking where the law allows, or give directions for a contested hearing.
- 07 After the Order
We advise on extending the order on form FL403 before it expires, on enforcement if it is broken, and on the family and immigration steps that follow.
How Our Domestic Abuse Solicitors Can Help
Applications Prepared Properly
We prepare form FL401 or FL401A, a clear witness statement, form C8 for confidential details and the evidence the court needs.
Representation at Hearings
We represent you at every hearing, without notice, return and contested, and ask for participation measures where you are vulnerable.
Responding to an Application
If you have been served with an application we advise on whether to contest it, offer an undertaking or agree terms, and what a breach would mean.
Beyond the Injunction
We connect the injunction to child arrangements, the family home, divorce and, where your permission to stay depends on the relationship, immigration.
Why Choose RakLAW Solicitors?
Free 15-Minute Consultation
Every matter begins with a free, confidential conversation about your situation and the options.
A Regulated London Practice
SRA regulated, number 8007405, working from 42 Shad Thames in Southwark, near Tower Bridge.
Solicitor-Led Work
Founded by solicitor Rakesh Prajapati; the same firm handles your matter from first consultation to final hearing.
Clear Fees, No Legal Aid
We are privately funded and do not offer legal aid.
The Whole Picture
One firm handles the children, property, divorce and immigration questions that follow.
Domestic Abuse FAQs
How do non-molestation and occupation orders differ?
A non-molestation order prohibits a named person from molesting you or a relevant child. An occupation order regulates who may live in the family home and can exclude the respondent from it.
Who can apply for a non-molestation order?
Anyone associated with the respondent under section 62 of the Family Law Act 1996, which includes current and former partners, spouses and civil partners, relatives, household members and people who are parents of, or have parental responsibility for, the same child. A child under 16 needs the court's permission to apply.
Is there a court fee for a domestic abuse injunction?
No. There is no court fee to apply for a non-molestation order, an occupation order or a forced marriage protection order.
Can I get an order without the abuser knowing I have applied?
Yes, where the court considers it just and convenient under section 45 of the Family Law Act 1996, having regard to the risk of significant harm if it waits, whether you would be deterred from applying, and whether the respondent is evading service. The order and papers are then served on the respondent, who is heard at a full hearing.
What happens if a non-molestation order is broken?
Doing anything the order prohibits without reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996, punishable by up to five years' imprisonment in the Crown Court, and the police can arrest the person. Where the order was made without notice, only conduct at a time when the person was aware of the order counts. The same conduct can instead be treated as contempt of court, but not both.
What is an undertaking and should I accept one?
A promise to the court, enforceable as if it were an order, but with no power of arrest and no criminal offence if broken. The court cannot accept one instead of a non-molestation order where the respondent has used or threatened violence and an order is necessary for your protection.
Will I have to face the person who abused me in court?
Hearings are in private, and a victim of domestic abuse is treated as vulnerable, so the court can direct a separate waiting area, a screen, a video link or an intermediary. A respondent subject to an on notice protective injunction, or where specified evidence of abuse is before the court, cannot cross-examine you in person.
Can I apply for a domestic abuse protection order in London?
Only if the person you need protection from lives in a pilot area. As at 28 September 2026 the pilot areas are Greater Manchester, the London boroughs of Croydon, Bromley and Sutton, Hartlepool, Middlesbrough, Redcar, Cleveland, Stockton-on-Tees and North Wales; Southwark is not one of them. If they live anywhere else, a non-molestation or occupation order is the route.
Does domestic abuse affect arrangements for my children?
Yes. Under Practice Direction 12J the court must identify any allegation of domestic abuse at the outset, decide whether a fact-finding hearing is needed, and secure the safety of the child and the parent they live with before ordering contact. The presumption that a parent's involvement benefits a child applies only where it does not put the child at risk of harm.
What is a forced marriage protection order?
An order under Part 4A of the Family Law Act 1996 protecting a person from being forced into a marriage, or who has already been forced into one, with whatever terms the court considers appropriate, including terms about conduct abroad. The person to be protected, a local authority or anyone else with the court's permission applies on form FL401A; breach is an offence carrying up to five years' imprisonment.
Is honour-based abuse covered by these orders?
Yes. Practice Direction 12J says domestic abuse includes forced marriage, honour-based abuse, dowry-related abuse and transnational marriage abandonment, and relatives are associated persons under the Family Law Act 1996, so a non-molestation order can be made against a family member.
I have been served with an injunction application. What should I do?
Do not contact the applicant, and take advice on the papers before the hearing date. You can contest the allegations, offer an undertaking where the court can accept one, or agree to an order; each has different consequences, including for any children case.
Speak to a Domestic Abuse Solicitor
Whether you need protection now, have been served with an application, or need to know what an order means for your children, start with a free 15-minute consultation.
Request a call back and tell us briefly what you need advice on.