Domestic Abuse Court Orders in England and Wales

Who this guide is for

People in England and Wales who want a court order to protect them from domestic abuse by a partner, an ex-partner, a family member or someone they live or have lived with. It covers non-molestation orders, occupation orders and, in some areas only, domestic abuse protection orders (DAPOs).

What this guide does not cover

• People in Scotland or Northern Ireland: see the Scotland guide or the Northern Ireland guide.
• Domestic abuse and your job, such as time off or changes at work: use the domestic abuse support checker.
• Arrangements for children after a separation: use the family rights checker.
• Whether you can get legal aid: use the legal aid checker.
• Criminal charges against the abuser, and orders the police apply for or a criminal court makes. Ask the police.
• Asking the police whether a partner has a history of abuse. Ask the police.
• Applying for a DAPO for someone else, and applying for a DAPO in a county court. Ask a family law solicitor.
• Somewhere safe to stay, refuges and homelessness help. Ask the helpline for your nation.
• If someone has applied for an order against you. Ask a solicitor.

The questions that decide the answer

1. Are you in danger now? Yes: call 999 first. A court order is the next step, not the first one.
2. Where do you live? England or Wales: this guide. Scotland and Northern Ireland have their own guides.
3. Who is the person? A partner or ex-partner, a family member, someone you live or lived with, or your child's other parent: you can usually apply for a non-molestation order. Someone else, such as a neighbour or a stranger: this guide does not cover it. Report it to the police.
4. Is the home part of the problem? If you need the person to leave, stay away from the home or let you back in, ask for an occupation order as well.
5. Where does the person live? In one of the DAPO areas: you can apply for a DAPO, or for the other orders. Anywhere else: a non-molestation order and an occupation order.
6. How old are you? Under 16: you need permission from the High Court to apply. 16 or 17: you need a litigation friend, usually a parent, family member or close friend.

"Who can I get a non-molestation order against?"

GOV.UK says you can usually apply if you are a victim of domestic abuse and the person (the respondent) is:

• your husband, wife or civil partner, or your former husband, wife or civil partner;
• your fiancé, fiancée or proposed civil partner, or a former one if the engagement or agreement ended less than 3 years ago. You will need evidence of it, such as a ring or a statement from a witness who attended a ceremony or celebration;
• a boyfriend, girlfriend or partner, or a person you are or have been in a relationship with for more than 6 months;
• a close family member, for example a parent, brother, sister, aunt or uncle;
• someone you are living with or have lived with;
• your child's or grandchild's parent, or someone you share parental responsibility with.

"How do I apply?"

Online: CourtNav, run by RCJ Citizens Advice, prepares the application with you. You create an account, explain what happened, and give the name and address of the person who abused you. You can choose a law firm to review it. If you cannot get legal aid or pay for advice, a legal adviser at RCJ Citizens Advice can check it for free. You can ask for your hearing by video or phone, for example if you need extra protection or it is hard for you to come to court. You must explain why.

By email, post or in person: fill in form FL401 and write a supporting statement explaining what happened. You can use the template that comes with the form. If you write your own statement, it must end with the statement of truth set out on GOV.UK, signed and dated. Send them to a court that deals with domestic abuse cases.

Keeping your address private: fill in form C8 to keep your address and phone number from the other person. Do not put your contact details on any other document you send, such as your evidence. If you are living in a refuge, give your address only on form C8.

"I need protection straight away"

Ask for an emergency order when you apply. You do not have to tell the person first. This is called a "without notice" application. The court holds a hearing, which you must attend, and it may make the order there. The person must still be told about your application after the order is made. An emergency order usually lasts until your full hearing.

"How does the other person find out?"

The court sends you a sealed copy of your application and a Notice of Proceedings with your hearing date. The sealed copy and your witness statement must be served on the person, which means they must be given the documents in person. Your solicitor does this if you have one. If not, ask the court to serve them for free on form D89. Do not serve the documents yourself.

"They broke the order"

Report it to the police. The person named in an order can be arrested if they break it.

Doing anything a non-molestation order forbids, without a reasonable excuse, is a criminal offence (Family Law Act 1996, section 42A). The maximum penalty is 5 years in prison. If the order was an emergency order made without notice, it is an offence only for things done after the person knew about the order.

That criminal offence covers non-molestation orders. If an occupation order is broken, report it to the police and ask a solicitor what the court can do.

"My order is ending"

You can apply to extend an existing order if it is ending and you still need protection.

"What is a DAPO?"

A domestic abuse protection order (DAPO) protects you from all forms of domestic abuse. It can stop the person coming to or near your home, decide who can stay in or return to the home, order the person to attend a behaviour change programme, and order them to wear an electronic tag to check they keep to the conditions. There are no court fees.

You can only apply for a DAPO if the person you need protection from lives in Greater Manchester; the London boroughs of Croydon, Bromley or Sutton; Hartlepool, Middlesbrough, Redcar and Cleveland or Stockton-on-Tees; or North Wales (Isle of Anglesey, Gwynedd, Conwy, Denbighshire, Flintshire and Wrexham). It depends on where they live, not where you live.

These areas are a pilot. On 26 September 2026, legislation.gov.uk showed the pilot running until 24 November 2026. After that date, ask the court or a domestic abuse service whether you can still apply for a DAPO.

In a family court you can only apply at Manchester, Stockport, Wigan, Croydon, Bromley, Teesside, Caernarfon, Prestatyn or Wrexham. If the person lives in Sutton, apply at Croydon or Bromley. You may have to travel to one of these courts for a hearing. If you cannot, apply for a non-molestation or occupation order at your local family court instead.

To apply, fill in form DA1 and a supporting witness statement (form C8 keeps your contact details private). You must not serve the application or order yourself. If you have no lawyer, send form D89 with your application so a court official serves it. After it is served, tell the court on form DA415. To change or end a DAPO while it is still in force, use form DA3. There is no fee.

"Can I get help with the cost?"

There is no fee to apply. You can choose to pay for legal advice. Legal aid can help pay for it: use the legal aid checker or the "Check if you can get legal aid" service on GOV.UK. Charities such as Refuge, Women's Aid, Citizens Advice and the Men's Advice Line give advice on applying.

Deadlines you must meet

• The GOV.UK guidance this guide uses sets no deadline for applying. If you need protection now, ask for an emergency order.
• An emergency order usually lasts only until your full hearing. You must attend.
• Apply to extend an order before it ends if you still need protection.
• A DAPO can only be changed or ended while it is still in force.

Money figures

• No court fee for a non-molestation order, an occupation order or a DAPO, or to change or end a DAPO. The court serves the papers for free if you ask on form D89. This guide gives no other money figures.

Traps

• Do not serve the papers yourself. Your solicitor or a court official does it (form D89).
• A DAPO depends on where the person you need protection from lives, not where you live. Outside those areas, use a non-molestation or occupation order.
• You do not have to warn the person before asking for an emergency order.
• Keep your address off every document except form C8.
• Scotland and Northern Ireland have different orders and different courts. Do not use this guide there.
• England and Wales have different domestic abuse helplines: England 0808 2000 247, Wales 0808 80 10 800.