Emergency Domestic Abuse Protection
If you need urgent protection from domestic abuse, National Legal Service Solicitors provides confidential legal advice across England. Emergency non molestation orders can sometimes be obtained the same day in urgent cases. Legal aid is available for emergency protective order applications, subject to assessment.
Call 020 3601 5051 or complete our contact form to speak to NLS in confidence. If you are in immediate danger, call 999.
What emergency protection is available right now?
Emergency legal protection may be available where there has been abuse, threats, harassment, intimidation or another serious risk to you or your child. The main emergency routes are usually a non molestation order, which can restrict the other person’s behaviour and an occupation order, which can deal with who lives in or enters the family home.
In urgent cases, the court may consider an application without the other person being told first. This is known as a without-notice or ex-parte application and can be used where immediate protection is needed.
A solicitor can help you understand whether an emergency application may be appropriate and what information the court is likely to need. This can include preparing the application, drafting the supporting statement, arranging court filing and explaining what may happen after an order is made.
Emergency protection may involve:
- a same-day non molestation order application where the situation is urgent
- an occupation order application where the home needs to be protected
- advice about safe contact arrangements involving children
- an application linked to child arrangements where there are welfare concerns
- legal aid assessment for urgent protective order work
- representation at an emergency or return hearing
A protective order does not guarantee safety. It is important to consider practical safety steps and to contact the police if there is immediate danger.
Without-notice non molestation orders
A non molestation order is a type of injunction that can help protect someone from harassment, threats, intimidation or abuse by placing legal restrictions on the other person. The order may prevent direct or indirect contact, attendance at your home or workplace, threats or other behaviour set out by the court.
Where the situation is urgent, a without-notice application may be made before the other person is told about the proceedings. GOV.UK confirms that applicants do not have to tell the person they want protection from before applying where immediate protection is needed.
The court will consider the evidence available and decide whether an order should be made. If an order is made without notice, the court will usually list a further hearing so the other person has an opportunity to respond.
A solicitor can help with:
- preparing the FL401 application
- drafting a clear witness statement
- explaining what information may support urgency
- asking the court to consider immediate protection
- arranging service of the order safely
- advising on the next hearing
- explaining what to do if the order is breached
If you are worried that telling the other person about the application could increase risk, explain this to your solicitor as soon as possible. You should not take steps to collect documents or messages if doing so may put you or someone else at risk.
Occupation orders - protecting your home
An occupation order can decide who lives in the family home or who can enter the surrounding area.
In urgent circumstances, an occupation order may be considered alongside a non molestation order. This may be relevant if remaining in the same home is unsafe, if the other person refuses to leave or if there are children whose safety and stability need to be considered.
Depending on the circumstances, an occupation order can:
- require the other person to leave the family home
- prevent them from returning to the property
- restrict access to certain parts of the home
- regulate who can enter the surrounding area
- set temporary living arrangements while the court considers the case
Occupation orders can be more complex than non molestation orders because the court may consider housing, finances, children, safety and each person’s connection to the home. A solicitor can explain whether this route may be suitable and how it may interact with any existing tenancy, mortgage or child arrangements issue.
Protecting children when there is domestic abuse
Where children are affected by domestic abuse, the legal focus is their safety and welfare. A solicitor can advise on protective orders and child arrangements together, particularly where you are worried about contact, collection from school, removal from the home or pressure being placed on a child.
Practice Direction 12J applies in child arrangements cases where domestic abuse is raised. It recognises that domestic abuse can harm children and can affect decisions about where a child lives or the time they spend with a parent.
Emergency legal steps may include:
- asking the court to consider safe interim child arrangements
- applying for a prohibited steps order
- asking for directions about handovers or communication
- raising safeguarding concerns with the court
- explaining children’s services involvement
- asking the court to consider whether further evidence is needed
Prohibited steps orders
A prohibited steps order is a court order that can stop a parent or person with parental responsibility from taking a specific step without the court’s permission. Section 8 orders under the Children Act 1989 can settle areas of dispute about parental responsibility or a child’s care or upbringing and that a prohibited steps order imposes a specific restriction on the exercise of parental responsibility.
This type of order may be considered where there is an urgent concern that a child could be removed from school, moved to another address or taken abroad without agreement. The right application depends on the facts, so it is important to seek advice quickly if you believe a child may be at immediate risk.
Will children’s services become involved?
Children’s services may become involved if there are concerns about a child’s safety or welfare. This does not mean that a child will automatically be removed from parental care, but it is important to understand what stage the process is at and what information is being requested.
If children’s services believe there are urgent safeguarding concerns, they may take steps to assess the situation and, in some cases, ask the court to consider whether an order is needed. A solicitor can help you understand what is being asked of you, how to respond and whether your domestic abuse concerns have been properly explained.
Emergency legal aid for protective orders
Legal aid is available for many domestic abuse protective order applications, subject to eligibility and assessment. NLS holds a legal aid franchise with the Legal Aid Agency and can assess whether public funding may be available for urgent injunction work.
Someone may be able to get legal aid if they have evidence that they or their children have experienced domestic abuse and they cannot afford legal costs. For applications for orders protecting against domestic abuse or forced marriage, the Legal Aid Agency waives all upper financial eligibility limits, although a contribution may still be required.
Evidence may include information from:
- the police
- a court
- a health professional
- a refuge or support organisation
- children’s services
- a domestic abuse support worker
- relevant messages, photographs or records where safe to keep
You should not try to obtain evidence if doing so could increase risk. If you are unsure what evidence is available, a solicitor can explain what may be accepted and how the legal aid application process works.
How NLS can help in an emergency
National Legal Service Solicitors supports people across England with urgent domestic abuse protection, protective orders, legal aid and related family law issues. With offices across England, you do not need to travel to London to speak to NLS.
Our advice is confidential and focused on helping you understand the legal process. A solicitor can explain the urgent steps that may be available, prepare the necessary application and help you understand what may happen at the first hearing and any return hearing.
NLS can help with:
- emergency non molestation order applications
- without-notice injunction applications
- occupation orders
- emergency legal aid assessments
- child arrangements linked to domestic abuse
- prohibited steps orders
- advice where children’s services are involved
- representation in urgent family court proceedings
If you are in immediate danger, call 999 first. Once you are safe, legal advice can help you understand which protective route may be available and how to take the next step.
Request Callback
If you need urgent advice about domestic abuse protection, contact National Legal Service Solicitors to speak in confidence. Legal aid may be available for emergency protective order applications and NLS can assess whether you may qualify.
Call 020 3601 5051 or complete our form to request a confidential callback. If you are in immediate danger, call 999.
Domestic Abuse FAQs
- How quickly can I get an emergency injunction for domestic abuse?
A without-notice non-molestation order can sometimes be obtained the same day in urgent cases. This depends on the court’s availability, the evidence provided and whether the court considers immediate protection necessary.
If an order is made without notice, there will usually be a further hearing so the other person can respond. A solicitor can explain the likely process and help you prepare the application as clearly as possible.
- Can I get a non-molestation order the same day?
Yes, same-day orders may be possible where the situation is urgent and the court is able to consider the application. A person can apply without telling the other person first where immediate protection is needed.
Same-day protection cannot be guaranteed because the court must consider the application. If there is immediate risk, contact the police before seeking legal advice.
- What is a without-notice injunction?
A without-notice injunction is an application made without telling the other person first. It may be used where giving notice could increase risk or where immediate protection is needed.
The court will consider whether it is appropriate to make an order before the other person has been heard. If the order is made, the court will usually arrange another hearing so the other person can respond.
- What happens to my children if I have to leave the family home in an emergency?
If you need to leave the home urgently, it is important to get advice about safe arrangements for the children as soon as you can. The court can consider child arrangements and protective orders where domestic abuse affects safety or welfare.
A solicitor can explain whether an urgent child arrangements application, prohibited steps order or other protective step may be appropriate. If children’s services become involved, legal advice can help you understand the process and respond clearly.
- Can children’s services remove my children because of domestic abuse?
Children’s services cannot simply remove a child from parental care without a legal basis. They may become involved where there are concerns about a child’s safety or welfare and, in some cases, the court may be asked to consider whether an order is needed.
If this issue has been raised, seek legal advice quickly. A solicitor can help you understand what powers are being used, what stage the process is at and how domestic abuse concerns should be addressed.
- What is a prohibited steps order and how do I apply?
A prohibited steps order can restrict a person with parental responsibility from taking a specific step without the court’s permission. This may be relevant where there is concern about a child being moved, collected from school or taken abroad without agreement.
The application is made to the family court and the court will consider the child’s welfare. In urgent circumstances, a solicitor can explain whether an emergency application may be appropriate.