Calderwood House, Montpellier Parade, Cheltenham GL50 1UA
If you are experiencing domestic abuse, harassment or controlling behaviour, our family solicitors can provide clear and practical legal support. We can advise on protective court orders and help you understand the legal options available to protect you and your family.
Urgent Family Law Protection
Threats, controlling behaviour or unwanted contact from a partner or family member can affect your safety at home and your ability to make everyday decisions. You may be unsure if the behaviour justifies a court order, what evidence is needed or how to seek advice safely. Our family solicitors listen to the circumstances and assess the protection available, including any immediate risk to you or your children. We explain the legal options without expecting you to arrive with a complete set of documents.
Our legal team can prepare an application for a non-molestation order or occupation order, request an urgent hearing where justified and arrange service of the court documents. We also consider safe contact details, housing rights and existing children orders. You receive an explanation of the proposed protection, the next hearing and likely costs. Tell us how it is safe to contact you; if there is immediate danger, call 999.
A non-molestation order can prohibit violence, threats, harassment, intimidation or specified contact. Breach of a non-molestation order without reasonable excuse is a criminal offence. An occupation order can regulate who lives in the family home, require a person to leave or set restrictions around parts of the property, depending on the parties' rights and circumstances.
The correct application depends on the relationship between the people, the conduct complained of, housing rights and the level of risk. Orders can include carefully drafted exceptions for communication about children or property where safe and necessary.
The court can consider an application without notifying the other person first where there is a significant risk of harm, where the applicant may be deterred from pursuing the case, or where advance notice could allow evasion of service. A without-notice order is not automatic. The evidence must explain the urgency and give the court a full and fair account, including relevant matters the other person might raise.
A further hearing is normally arranged so the respondent has an opportunity to be heard. Safe service of the application and order must be planned. We can coordinate the documents, court filing, service and representation, and explain what to do if an order is breached.
Evidence can include messages, emails, photographs, medical records, police references, bank records, witness accounts and a clear description of incidents and their effect. A case does not depend on having every type of record. The statement should distinguish what happened, when it happened and why protection is now required.
Addresses and contact details may need protection from disclosure. We can advise on confidential-contact forms, safe communications and appropriate wording for the order. If there is immediate danger, contact the police on 999; family court proceedings are not a substitute for emergency assistance.
Applications can encounter problems where the legal relationship is not explained, incidents are described too generally, important delay is left unexplained, or the order requested is broader than the evidence supports. Unsafe or ineffective service can also leave uncertainty about enforceability.
These are not reasons to avoid seeking protection. They are reasons to present the case carefully. We help organise the evidence, explains missing records or delay, and asks for terms that address the actual behaviour and practical risks. If an order is breached, prompt evidence and reporting are important.
There is currently no court fee to apply for a non-molestation order or occupation order. Other costs can include legal representation, a process server and barrister fees for a contested hearing. The work and urgency differ from case to case, so we will explain the likely legal fees, VAT and third-party costs as early as the circumstances allow.
Domestic Abuse Protection FAQs
Answers about non-molestation orders, occupation orders, urgent hearings, supporting evidence, children and court fees.
Potentially. Threats, harassment, intimidation and controlling behaviour can justify protection, depending on the relationship and evidence. The application should explain the conduct, its effect and why an order is needed. We can help organise the account even if you have not reported every incident or obtained independent records.
It can regulate occupation and may require someone to leave, but the applicable test depends on the relationship, housing rights and circumstances. The court considers needs, resources and risk of harm. An occupation order does not usually resolve permanent ownership, so financial or property issues may still require separate advice.
A without-notice application is possible where the legal criteria are met. The evidence must explain the urgency and provide a full and fair account, including relevant facts the other person might raise. A further hearing normally follows. We assess this procedure rather than assuming that every protection application should be made without notice.
A prior police report is not always required for a family court application. Messages, witness accounts and your own detailed statement may be relevant. Police involvement can still be essential where there is danger or suspected crime. If you are at immediate risk, call 999 instead of waiting for a legal appointment.
There are procedures for withholding confidential contact details from other parties, including use of the appropriate court form. The documents need checking carefully so an address is not disclosed elsewhere in the evidence. Tell us about any risk and how we can communicate safely before sending sensitive information or arranging correspondence.
Contact the police where appropriate, particularly if there is immediate danger, and keep the order and evidence of the incident. Breach without reasonable excuse can be a criminal offence. We can explain reporting, service and possible court enforcement issues. Do not assume that private agreement changes the terms of the order.
Protective terms can cover a relevant child where justified, but living and contact arrangements may also require a separate Children Act order. Existing orders must be considered together so their terms do not conflict. We assess the behaviour and care arrangements before advising on the protection and any permitted communication about children.
The duration depends on the order and the court's decision. Check the expiry date and any further hearing or review listed. An extension may need an application supported by current evidence. We explain what the order requires and the steps needed before expiry if there is a continuing need for protection.
There is no court fee for applying for either order. Legal preparation, representation and any process server or barrister charges are separate. Urgency and contested evidence affect the work required. We explain the likely scope and costs as early as possible, including additional hearings that may follow an initial urgent application.
Read and comply with the order, including any contact restrictions, and obtain advice promptly. A listed hearing gives an opportunity to respond; ignoring the order can have serious consequences. Send us the papers and your account so we can advise on evidence, the terms sought and any application to vary or discharge it.
Tell us how it is safe to contact you and about any immediate risk or court papers. We can assess the protection and legal work required. If there is immediate danger, call 999.
Arrange a telephone call or visit our Cheltenham office by appointment. We assist clients in Cheltenham and the surrounding Gloucestershire area. We will explain the scope of work and legal fees before proceeding.
Call 0330 900 0377, email info@pembridgesolicitors.co.uk or request a consultation.
Pembridge Solicitors
Calderwood House, Montpellier Parade
Cheltenham GL50 1UA
Office visits by appointment.