The excitement and enthusiasm surrounding major football tournaments like the upcoming Euros final can unite communities in celebration. However, there’s a darker side that often goes unnoticed. Research shows that the risk of domestic abuse rose by 26 percent when the English national team won or drew, and a 38 percent increase when the national team lost. People need to know the role of the family court and how it can help with providing protection and legal solutions to anyone suffering from abuse.

In situations of domestic abuse exacerbated by events like the Euros final, victims must know they’re not alone. Support networks such as Women's Aid , Men’s Advice Line , Refuge , and the National Domestic Abuse Helpline offer immediate assistance, including emergency shelter, advice, and emotional support. If you or someone you know is in immediate danger, do not hesitate to contact the Police by dialling 999.

What counts as abuse?

Abusive behaviour is defined under the Domestic Abuse Act and includes:

• physical abuse,
• sexual abuse,
• violence,
• threats,
• controlling or coercive behaviours,
• economic abuse and
• psychological or emotional abuse.

Legally you can seek a protective order when you’re personally connected, this covers relationships such as people who:

• are or were married,
• in a civil partnership,
• in an intimate relationship,
• relatives
• or if you’ve been in a parental relationship relating to the same child.

Courts can also grant orders to protect any relevant child. If you’re suffering from harassment or abuse from someone you don’t have a close personal connection to, a solution may be found in civil proceedings under the Protection from Harassment Act.

The orders a party can seek in the family court are:  

Non-molestation Orders

A Non-Molestation Order is a type of injunction issued by the Family Court to protect people from domestic abuse. It stops an abuser from engaging in specified activities like:

• threatening or violent behaviour,
• harassment,
• communication with the victim.

This type of order is usually for a specified period between 6 and 12 months, but, depending on the severity of the abuse it may also be possible for an order to exceed this. Breaching a Non-Molestation Order is a criminal offence, and the abuser can be arrested and prosecuted resulting in a criminal record if found guilty.

Occupation Orders

An Occupation Order is an order that regulates who can live in the “family home”. It can force the abuser to leave the property and stop them from returning or entering the surrounding area. Depending on the parties’ relationships and property rights an application should be made under one of the sections between 33 to 38 of the Family Law Act 1996.

Before making an order, the court considers the ‘balance of harm’, meaning the harm likely to be suffered by each person if the order is or is not granted. This includes the impact on any children involved. The court pays close attention to the housing needs, resources, and availability of alternative accommodation for both parties before granting an order.

For occupation orders, the time limit is typically six months, however, it can be imposed until a specified event, for example, the sale of the family home. Unlike a Non-Molestation Order, a breach of an occupation order is not automatically a criminal offence, but a power of arrest can be attached to one or more of the order provisions.

Applying for a non-molestation or occupation order

A non-molestation or occupation order can be applied for using Form FL401. Form C8 can also be completed to ensure the court does not disclose confidential contact details. There is no court fee payable when making an application for either order. As part of the application special measures can be requested by the applicant, measures include attending court via a video link, privacy screens, and having separate entrances and waiting areas for the other person. 

Any application should include a witness statement detailing the instances of abuse. It’s often helpful to keep an incident log detailing the date and time of events and any relevant details. Within the log, it’s useful to note any third-party agencies involved like the police, healthcare providers, or domestic abuse charities so that evidence may be gathered later.

Whether you are applying for or responding to an order in a family court, the family law team at Switalskis can provide confidential advice on navigating injunction proceedings. Contact us today to learn how we can help you secure your rights and your future. You can call us at 0800 138 0458 or contact us through the website .