Domestic abuse injunctions and your housing: what to know

If you are experiencing domestic abuse, the law gives you tools to protect yourself and your home, including legal orders that can remove the abuser from the property or prohibit them from coming near you. This article explains the main options and how they relate to your housing.

What is a non-molestation order?

A non-molestation order is a court order that prohibits the abuser from molesting you, that is, using or threatening violence against you, harassing or pestering you, or communicating with you in a threatening or intimidating way. It does not automatically require them to leave the property but can be made alongside an occupation order that does.

Breach of a non-molestation order is a criminal offence, punishable by imprisonment. The police can arrest a person who breaches it without a warrant.

Applications are made to the Family Court, usually under the Family Law Act 1996.

What is an occupation order?

An occupation order regulates who can occupy the family home. Depending on your circumstances, it can:

• Require the abuser to leave the property
• Prevent the abuser from returning
• Allow you to occupy the property (or part of it) regardless of who owns or holds the tenancy
• Exclude the abuser from an area around the property

The type of occupation order available and the test the court applies depends on your relationship to the property (whether you are the tenant, the joint tenant, the owner, etc.) and your relationship to the abuser.

If you are the sole tenant: you have the right to occupy and can ask the court to exclude the abuser even if they were living with you.

If you are a joint tenant: the court can still make an occupation order excluding the abuser from the property. This does not automatically end their tenancy obligations.

If the abuser is the sole tenant: the court can make an order allowing you to remain in the home, but you should also take advice urgently about your tenancy security in the long term.

How do I apply?

Applications are made at the Family Court. If there is an emergency (immediate risk of violence), you can apply for an order without notice (ex parte), the court hears your application without the abuser being present, and makes a temporary order immediately.

An emergency application can be made the same day at a Family Court. Contact Refuge (0808 2000 247) or the National Domestic Abuse Helpline (0808 2000 247) for help accessing this process urgently.

You do not need a solicitor to apply, but legal representation improves your prospects. If you are eligible for legal aid, domestic abuse is one of the priority areas where legal aid is still available. Check your eligibility using the find-legal-advice.justice.gov.uk tool.

Can the injunction protect my tenancy?

Yes. If you obtain an occupation order requiring the abuser to leave, and you remain in the property, your tenancy continues. You should contact your landlord (council, housing association, or private landlord) and explain the situation. Many social landlords have specific policies to protect tenants in domestic abuse situations.

If you are a joint tenant and the abuser is also named on the tenancy, the tenancy position is more complex, seek legal advice on whether you can take steps to remove them from the joint tenancy or to transfer the tenancy into your sole name.

What about priority housing?

If you are forced to leave the property because of domestic abuse and become homeless, the council has a duty to assist you as a priority need under Part 7 of the Housing Act 1996, survivors of domestic abuse are treated as a priority group. Many councils also have specific emergency accommodation for domestic abuse survivors. Contact your council as soon as possible.

Where can I get help?

• National Domestic Abuse Helpline: 0808 2000 247 (free, 24 hours), Refuge
• SafeLives: advice on safety planning
• Shelter: 0808 800 4444, housing advice
• Local domestic abuse services: most areas have specialist support organisations

When should I contact Support for Tenants?

We handle housing disrepair claims. If your home, whether or not you are dealing with a domestic abuse situation, has disrepair that your landlord has not addressed, call us.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Family Law Act 1996, Part 4 (family homes and domestic violence) (legislation.gov.uk)
• Domestic Abuse Act 2021 (legislation.gov.uk)