Making an application for a domestic violence court order is one way the law protects the victims. Use this guide to check who can apply to court for non molestation order in the United Kingdom.
The relationship that the victim has with the abuser affects how to proceed with an injunction. As a rule, the victim of domestic violence can make an application if the respondent (person you want protection from) is:
Note: Use the lists below to determine whether you can apply for a non-molestation order. An applicant under sixteen (16) would need permission from the High Court beforehand.
As a victim of domestic abuse, you can make an application for a non molestation order if the respondent is your:
Note: You must provide evidence if you were engaged to the respondent or had agreed to form a civil partnership with them. This could be a ring or a statement from a witness who attended a ceremony or a celebration.
The victim of domestic violence can make an application for a non-molestation order if the respondent is a close family member. Typical examples include a brother, a sister, a parent, an aunt or an uncle.
You can also apply if you have a child or a grandchild and the parent (or person you share parental responsibility with) for the child or grandchild, is the respondent.
The same would apply to an adopted child or grandchild. The victim can make an application for an injunction for domestic abuse against:
Note: It is possible to apply for an order against a child or a grandchild if someone adopted them. You can report any cases of violence or abuse to your neighbourhood police team.
As a victim of domestic violence, you can also apply for an occupation order if you meet the requirements. These types of injunction orders state conditions that the respondent must not break.
Note: Examples would include; who can live in the family home or who can be present in the surrounding area.
In most cases, you would be able to apply if:
Note: Find out what to expect at your court hearing after applying for the injunction order.
You must make arrangements to 'serve' (or hand deliver) a copy of the application and witness statement to all respondents. That means the person named in the application must receive a copy of the documents in person.
Note: If you hire a solicitor they can serve the documents on your behalf. Using the services of a court bailiff is another way of telling the person named in the application.
How to Apply for Non Molestation and Occupation Court Orders in the United Kingdom