A relationship that began on a dating app can turn abusive, and reporting to the police is not the only route to protection. GOV.UK’s guidance explains that a victim of domestic abuse can apply to a court for an “injunction”. This guide summarises that guidance, including who is eligible, how to apply and what an emergency order is. It describes the GOV.UK guidance only and is general information, not legal advice. Anyone in immediate danger should contact the police.
What an injunction is
GOV.UK describes an injunction as a court order. It says an injunction can:
- protect a person or their child from being harmed or threatened by the person who has abused them, which is called a “non-molestation order”;
- decide who can live in the family home or enter the surrounding area, which is called an “occupation order”; or
- protect a person from all forms of domestic abuse, which is called a “domestic abuse protection order” (DAPO).
The guidance says the person named in the injunction can be arrested if they break it, and that an existing injunction can be extended if it is ending and protection is still needed. It also says a DAPO can currently only be applied for where the person who needs to be protected against lives in Greater Manchester, Croydon, Bromley, Sutton, Hartlepool, Middlesbrough, Redcar, Cleveland, Stockton-on-Tees or North Wales. The list of areas may change, so the GOV.UK page should be checked for the current position.
Who can apply for a non-molestation order
GOV.UK says a person can usually apply if they are a victim of domestic abuse and the person they want protection from (the respondent) is someone they are having or have had a relationship with, a family member, or someone they are living or have lived with. Under the heading of husband, wife, civil partner or other relationship, the list includes:
- a husband, wife or civil partner, or a former one;
- a fiancé, fiancée or proposed civil partner, or a former one if the engagement or agreement to form a civil partnership ended less than 3 years ago; and
- a boyfriend, girlfriend, partner, or a person the applicant is in or has been in a relationship with for more than 6 months.
The page also lists close family members, such as a parent, brother, sister, aunt or uncle, and people who have parental responsibility for the applicant’s child or grandchild. It says an applicant under 16 needs permission from the High Court to apply. Because the list refers to a relationship of more than 6 months, a short-lived connection with someone met on a dating app may not fit within this route. The site’s guide to stalking law and support covers other protections that apply where a person will not stop contacting someone, and the coercive control guide describes early warning signs.
How to apply
GOV.UK says an application for a non-molestation or occupation order can be made online, by email or post, or in person. There is no fee when applying, though a person may choose to pay for legal advice, and the guidance points to legal aid checks and to charities such as Refuge, Women’s Aid, Citizens Advice and the Men’s Advice Line for advice.
- Online. The RCJ Citizens Advice CourtNav service can be used to prepare an injunction application. The applicant creates an online account, explains what happened and includes the name and address of the person who abused them. They can choose a law firm to review it, and if they cannot get legal aid or pay for legal advice, the application can be sent to a legal adviser at RCJ Citizens Advice to check for free. A hearing by video or phone can be requested with a reason, for example where extra protection is needed.
- By email, post or in person. The applicant downloads and fills in the application form, writes a supporting statement explaining what happened (a template comes with the form), and can fill in form C8 to keep an address and telephone number private. The documents go to a court that deals with domestic abuse cases. If a personal statement is written without the template, it must include a statement of truth and be signed and dated.
Emergency orders
GOV.UK says that anyone needing immediate protection can ask for an emergency order when applying. The application does not have to be notified to the person the applicant wants protection from, which is called a “without notice” or “ex-parte” application. The court holds a hearing that the applicant must attend and may issue an order there. The applicant still has to tell the other person about the application after the order has been made. An emergency order usually lasts until the full hearing.
If the applicant is 16 or 17
The guidance says a person aged 16 or 17 needs to appoint a “litigation friend” to apply. It says a person under 16 needs the High Court’s permission.
Support alongside legal steps
An injunction is one option among several. The guide to documenting and reporting suspicious behaviour explains what to save before an application, and the guide to victims’ rights after reporting a crime explains the services available when a crime is reported to police. The guide to moving in with a partner explains why occupation orders matter where a home is shared.
The bottom line
GOV.UK says victims of domestic abuse can apply for a non-molestation order, an occupation order or, in some areas, a DAPO, with no court fee and with help available from charities and legal aid. Eligibility depends on the relationship with the respondent, and the list includes a partner or person the applicant is or was in a relationship with for more than 6 months. Emergency orders can be requested without notice. Anyone in immediate danger should contact the police.