Making sense of protective court orders during a break‑up

Relationship breakdowns can be emotionally draining. Where there’s abuse of any kind, they can also be dangerous. In England and Wales, the family court can make swift, practical orders to protect you and your children. This article explains what those orders are, when they’re used and why applying early matters.

What is a protective injunction and who can apply?

A protective injunction is a court order that sets clear, enforceable rules for someone you are, or have been, personally connected to – such as an ex‑partner – so you can live safely and without harassment.

The most common order is a non‑molestation order; in some cases, the court can also make an occupation order to decide who lives in the home.

Abuse today is understood broadly. It includes not just physical violence but also coercive or controlling behaviour, threats, stalking, psychological or emotional abuse and economic abuse.

Key benefits of applying for a protective court order

Applying for the right order at the right time can transform your day‑to‑day safety and peace of mind. Here are the practical benefits of a timely application:

• Orders can be made quickly – often the same day the court receives the papers. This speed matters in crisis moments and courts prioritise these cases to reduce dangerous delays
• The court can act without telling the other person in advance – known as a ‘without notice’ application – where there’s a risk of significant harm, a real chance you might be deterred from applying if they’re alerted or concerns they might evade service
• Orders are clear, practical and enforceable. Modern non‑molestation orders use straightforward language and focus on concrete rules such as “no contact” and “do not go to the applicant’s address or a specified road.” This clarity helps everyone understand what’s allowed and makes enforcement easier
• Orders draw bright lines. Typical terms forbid any contact – direct, indirect or via third parties. They can ban attendance at your home, workplace or places you’re staying and, if needed, restrict travel on a named road near your home. They can also prohibit tracking your movements, damaging property or posting about you online – all framed in clear, practical wording that police can act on
• Breaching a non‑molestation order is a criminal offence, with penalties that can include imprisonment. That immediate consequence is one of the strongest safeguards these orders provide and the order itself makes this clear to the respondent and the police
• Orders are tailored to real life. Where needed, an order can include proportionate exclusions around your home or your child’s school. If you have children together, orders can allow for controlled, written communication solely to arrange child contact, so parenting can continue safely. The aim is to protect you without over‑reaching
• The court keeps cases moving. If you start without notice, the court sets an early ‘return date’ and provides a simple response form to the other person. Many respondents don’t oppose continuation; the court can continue the order on a ‘no findings’ basis where appropriate, avoiding a contested hearing unless necessary for fairness.

Applications are now standardised and can be made efficiently by email with a short set of documents, including a clear supporting statement that sets out the relationship, incidents or patterns of abuse (including coercive control and economic abuse), the impact on you and any children and why an order is necessary.

Why applying early is often the safest choice

Police can sometimes be slow to act on reports of domestic abuse because of the high standard of evidence required for criminal charges. The family court, however, can issue protective orders on a lower standard of proof. An early application can prevent abuse from worsening.

Crucially, breaching a court order is a criminal offence, allowing police to act swiftly on the breach itself.

The bottom line

Protective orders are accessible, fast and enforceable tools for safety. During a break-up involving any form of abuse, applying for a non-molestation or occupation order can quickly establish firm boundaries. The court prioritises your family’s wellbeing and ensures breaches have serious consequences. Acting early is a measured and effective way to protect yourself and your dependents.

If you’ve suffered abuse or are in immediate danger, always contact the police. If there’s insufficient evidence for the police to prosecute, an application for a court order is a powerful alternative.