Comparing protective orders — non-molestation, occupation, DVPO/DVDS and DAPO side by side
REVIEWED BY: Sean McNamara on 2026-08-30
If you need protection from domestic abuse, more than one legal tool may be available — and choosing between them (or combining them) matters. This guide compares the main protective orders in England and Wales in one place. It is general information, not legal advice. If you are in immediate danger, call 999.
The orders at a glance
| Order | Who grants it | What it does | How long | Fee | Breach | |---|---|---|---|---|---| | Non-molestation order (Family Law Act 1996, Part IV) | Family court | Prohibits violence, threats, harassment, contact — tailored to your situation | Typically 6–12 months, extendable | Free to apply | Criminal offence (up to 5 years' prison); police arrest power | | Occupation order (Family Law Act 1996, Part IV) | Family court | Regulates who lives in the home; can exclude someone from the home and its area | Fixed term set by court | Free to apply | Civil enforcement — court can enforce; power of arrest can be attached | | DVPN / DVPO (Crime and Security Act 2010) | Police / magistrates' court | Perpetrator removed from home and barred from contact immediately after an incident | Notice: 48 hours; order: 14–28 days | None | Breach = arrestable offence | | DAPN / DAPO (Domestic Abuse Act 2021 — pilot areas only) | Police / magistrates or family court | Like DVPO but broader definition, positive requirements (e.g. behaviour programmes), longer duration | Court-set, can be much longer | None | Criminal offence | | Restraining order (Protection from Harassment Act 1997) | Criminal court, on conviction or acquittal | Prohibits conduct toward the victim after criminal proceedings | Court-set, can be indefinite | N/A (criminal route) | Criminal offence | | Clare's Law disclosure (DVDS) | Police | Not an order — discloses a partner's abuse history to you ("right to ask") | Information only | None | N/A |
Choosing between them
- Need urgent exclusion from the home? The occupation order is the family court tool. The test (the "balance of harm") asks whether you or a child are likely to suffer significant harm if the order is NOT made — it's deliberately weighted toward protection. DVPOs/DAPOs also exclude a perpetrator, but only for short (DVPO) or pilot-area (DAPO) scenarios
- Need an end to harassment and contact? The non-molestation order is the workhorse — free, fast (without-notice hearings available where notifying would be dangerous), and breach is criminal
- Has there just been a violent incident? Police powers (DVPN/DVPO, DAPN/DAPO) act immediately, without you having to apply — ask the officers attending
- Worried about someone's history before it escalates? Clare's Law right-to-ask disclosure
- Want everything? Non-molestation + occupation order are commonly applied for together on one FL401 — and both are free, so there's no fee barrier to combining
Legal aid
Non-molestation and occupation order applications qualify for legal aid without the means test in respect of the protective order itself (you must still meet the evidence requirements showing you are, or are at risk of being, a victim of domestic abuse). This means a solicitor may be able to act for you even if you have income or savings. Check with a legal aid family solicitor.
Evidence you'll need
- For family court orders: your statement describing the abuse, and supporting evidence — police records, medical notes, messages, witness statements, letters from IDVAs or refuges
- Without-notice ("ex-parte") applications: explain why notice would enable further abuse or alerting; the court will list a return hearing where the other side can respond
- For police routes: report the incident — the DVPN/DVPO and DAPO schemes operate through police and magistrates after an incident, not through a form you file
After the order
- Keep a certified copy with you; give a copy to the police station covering your area
- Report breaches immediately — for non-molestation orders breach is a criminal offence, so call 999
- Breach of an occupation order is civil, but the court can attach a power of arrest where there's risk of harm
- Orders can be extended or varied before expiry — apply in time
Official links
- Apply for a non-molestation or occupation order — FL401 (gov.uk)
- Domestic violence injunctions (gov.uk)
- DAPNs and DAPOs — pilot guidance (gov.uk)
- Request a disclosure under Clare's Law (gov.uk)
- Legal aid (gov.uk)
- National Domestic Abuse Helpline: 0808 2000 247
YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS, the police, or gov.uk. This page is general information and is not legal advice.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.