18 August 2026
Under the Family Law Act 1996, there are two main remedies for those experiencing domestic abuse or coercive control – Non-Molestation Orders and Occupation Orders.
Both orders are injunctions, which means they are designed to protect individuals by prohibiting certain behaviour or regulating occupation of the family home.
The threshold for an injunction to be made by the family courts is very high. The court will carefully consider the evidence before deciding whether an injunction is necessary. Each case turns on its own facts, so outcomes will depend on the individual circumstances. This can make it difficult to predict the likelihood of a successful application. If you are considering applying for an injunction under the Family Law Act 1996, our experienced family solicitors are here to provide clear, tailored advice and guide you through your options.
Non-Molestation Orders (NMOs)
An NMO prohibits the Respondent from ‘molesting’ the Applicant (the person applying for the order). This includes behaviour such as but not limited to:
- Threats of violence
- Intimidation
- Harassment
- Pestering
- Abusive messages
- Coercive and controlling behaviour
To apply for an, you must be ‘associated’ with the Respondent. This includes a spouse, a co-parent, or someone you cohabit with (non-platonically).
NMO’s can prohibit the Respondent or the Respondent from instructing any other party from communicating with the Applicant, attempting to communicate with the Applicant or entering defined zones or areas set out in the order.
These Orders can be applied for without notifying the Respondent, if necessary for safety, but once the NMO is in place, the Respondent must be notified.
It is often recommended to provide your local police station with a copy of your NMO to ensure they have this information to hand should the order be breached and it becomes necessary for an arrest.
When evaluating whether to make an NMO, courts will consider all of the circumstances of the case, including the need to safeguard the Applicant and any children.
How long does an NMO last?
Whilst it is possible for courts to grant NMO’s for indefinite amounts of time, courts usually look to make orders for defined periods of up to 12 months.
What happens if the Respondent breaches the NMO?
Breaching an NMO is a criminal offence and can result in fines or even imprisonment.
Occupation Order (OO)
Occupation Orders can dictate who is entitled to inhabit a property (i.e. the family home), and who is excluded from a property. OO’s can also set out practical elements of how a Respondent’s exclusion is to work, such as how payments towards the property are to be managed.
Similar to an NMO, courts will consider all the circumstances of the case including the financial and housing needs of the parties as well as the likely effect of any order on the wellbeing of the parties and any relevant children.
However, the courts will also consider the ‘balance of harm’ test – they must decide whether the Applicant and any relevant children are likely to suffer significant harm that is attributable to the Respondent, and if so, whether this harm is likely to outweigh the harm that would be caused to the Respondent by excluding them from the property.
How long does an OO last?
OO’s are usually made for a defined period of 6 months. However, it is possible for OO’s to be renewed should the courts consider this necessary.
What happens if the Respondent breaches an OO?
Where a power of arrest is attached to an OO, breach of the order may result in the Respondent being arrested.
Talk to us
If you would like to discuss the possibility of making an application to the courts for an injunction – an NMO or an OO – our family team are here to support you.
If you or anyone you know is experiencing domestic abuse, please reach out to the National Domestic Abuse Helpline on 0808 2000 247. If you are worried for your safety, or the safety of someone else, please call the police.
