Criminal and civil orders

What are criminal and civil orders?

Criminal and civil orders play an important role in helping keep victims of domestic abuse safe by creating legally enforceable boundaries that limit an abuser’s ability to cause further harm. Criminal and civil orders empower police to act quickly if conditions are breached, and give victims an added layer of protection and reassurance as they work toward safety and stability.

Criminal orders

Restraining orders

What it is

A restraining order is a protection order made by a criminal court when someone has been prosecuted for offences such as harassment, stalking, domestic abuse, or threatening behaviour. It can be imposed after a conviction or after an acquittal if the court believes the victim still needs protection.
It is designed to prevent continued harassment or fear of violence.

Restrictions it can impose

Courts can tailor restrictions to the risk. These may include:

• No direct or indirect contact (calls, messages, email, social media, through third parties).
• Not to approach or go near your home, workplace, or other named places.
• Not to follow, monitor, or stalk you.
• Not to publish information about you, e.g. on social media.
• Any other prohibitions the court believes are necessary to protect you.

How long it can last

• Can be for a fixed period (e.g., 12 months) or “until further order”, meaning it lasts indefinitely until changed by the court.
• The order can be varied or discharged by either party applying to the criminal court.

How to apply

• You cannot apply directly.
• If you report an offence, the police and Crown Prosecution Service (CPS) can request one for you during the criminal case.
• You can ask the police or your IDVA (Independent Domestic Violence Advisor) to advocate for one.

Consequences of breaching the order

• Breaching a restraining order is a criminal offence.
• Police can arrest the person without a warrant.
• Maximum penalty: up to 5 years’ imprisonment (on indictment).
• Fines, community orders, or extended orders may also be imposed.

Civil orders

Non-molestation orders 

What it is

A non-molestation order is a civil domestic abuse protection order from the Family Court. It protects you and/or your children from violence, threats, intimidation, harassment, or unwanted contact by someone with whom you have a “family relationship” (current/ex-partner or close family).

Restrictions it can impose

Typical restrictions include:

• No direct contact (calls, texts, messages) or indirect contact via others.
• No attending or coming near your home, workplace, or your child’s school.
• No damaging property or encouraging others to act on their behalf.
• No violence or threats of violence.
• No harassment, intimidation, or pestering.
• Tailored prohibitions depending on the specific risks.

How long it can last

• Usually granted for 12-18 months, but duration varies with risk.
• Can be renewed, extended, or replaced if ongoing protection is needed.
• Breach is a criminal offence carrying arrest and possible imprisonment.

How to apply

• Use Form FL401 (online or paper).
• You can apply with or without notice. Without notice means your abuser will not know you are applying for the order before the order is granted, however they will get a chance to contest the order afterwards.  An order may be granted without notice if it is urgent or if the court believes they are likely to try to intimidate you or evade service of the order.
• Provide a supporting witness statement explaining incidents and risk.
• Legal aid is often available if domestic abuse evidence is provided.
• Get support from a solicitor specialising in family law, or through CourtNav

Consequences of breaching the order

• Breaching a non-molestation order is a criminal offence.
• Police can arrest immediately without a warrant (if power of arrest is attached to the order)
• Maximum penalty: up to 5 years’ imprisonment.

Occupation orders

What it is

An occupation order determines who can live in the family home, who must leave, and how the home is to be used. It is designed to protect someone from harm when living with the respondent has become unsafe due to domestic abuse, intimidation, or conflict.

Restrictions it can impose

Depending on circumstances, the order may:

• Require the respondent to leave the home entirely.
• Exclude them from a defined area of the property.
• Allocate specific rooms or areas in shared occupation arrangements.
• Require the respondent to continue paying the rent/mortgage/utility bills.

How long it can last

• Typically 6 months, but can be renewed.
• In cases involving children or where there is a risk of violence, it may last longer.

How to apply

• Apply with Form FL401 (same as for a non-molestation order - they can be applied for together or separately).
• Court applies the balance of harm test, meaning they have to be satisfied that the risk of harm outweighs the impact to
• Evidence of domestic abuse, harm, or housing hardship is relevant.
• Legal aid may be available in domestic abuse cases.
• Get support from a solicitor specialising in family law, or through CourtNav

Consequences of breaching the order

• Breach is not automatically a criminal offence unless the court has attached a power of arrest.
• If a power of arrest is attached, police can arrest immediately.
• Without a power of arrest, breaches must be enforced through the Family Court, which can impose:
  • Fines
  • Community orders
  • Up to 2 years’ imprisonment for contempt of court

Child arrangements orders

A child arrangements order is when the court decides where your child lives, who they’ll spend time with and whether other types of contact will take place, for example phone calls.

Anyone with parental responsibility for a child can apply for a child arrangements order. 

Prohibited steps orders

A prohibited steps order stops your ex-partner from exercising certain aspects of their parental responsibility. For example, it may stop them from taking your child out of the country or making certain medical decisions. 

Specific issue orders

Specific issue orders can be requested when those with parental responsibility cannot agree on a certain issue, for example where a child goes to school or what religion the child will be raised in. It allows one parent to make a decision without the consent of the other.  

Applying for orders under the Children Act 1989

There is a fee of £263 for submitting a application for child arrangements orders, prohibited steps orders and specific issue orders. 

A legal advisor, such as a solicitor can help you. They will assess you eligibility for legal aid, advise you of your options and can help you complete and submit an application. 

You can complete an application yourself by filling out a Form C100. This can be done online or printed and submitted to a Family or County Court.

Mediation

The court may suggest attending a Mediation Information and Assessment Meeting (MIAM) before going to court. 

If you are a victim/survivor of domestic abuse, you can apply for an exemption from mediation. This is because mediation can be intimidating and unsafe for people who have experienced domestic abuse.