Protective orders are an important legal tool designed to help protect individuals from abuse, harassment, and other forms of harm. In the context of UK family law, protective orders can be used to safeguard the rights and safety of individuals in various types of family relationships, including spouses, partners, children, and other family members. With the guidance of a family law solicitor, this article will provide an overview of protective orders in the context of UK family law, including the types of protective orders available, the legal framework governing protective orders, and the role of protective orders in promoting safety and wellbeing in families.

Introduction

Protective orders are legal orders issued by a court to protect an individual from harm or violence. These orders are designed to prevent domestic violence and abuse by prohibiting an abuser from contacting or harassing the victim, and from coming within a certain distance of them or their residence. Protective orders can also address other issues such as child custody and financial support.

Protective orders are critical in ensuring the safety and protection of victims of domestic violence and abuse. They provide a legal mechanism for victims to obtain immediate protection from their abuser, and can be used to prevent future violence and harassment. In addition, protective orders can help to hold abusers accountable for their actions, and provide victims with a sense of security and control over their lives.

Domestic violence and abuse is a widespread problem in the UK, affecting individuals from all backgrounds and walks of life. According to the Office for National Statistics, an estimated 2.3 million adults experienced domestic abuse in the UK in the year ending March 2020. Domestic violence and abuse can take many forms, including physical, emotional, and sexual abuse, as well as financial control and coercion.

Types of Protective Orders in the UK

Protective orders are a crucial part of UK family law, providing a legal means of protecting victims of domestic violence and abuse. There are several types of protective orders that can be obtained, including non-molestation orders, occupation orders, forced marriage protection orders, and female genital mutilation protection orders.

Non-molestation orders

A non-molestation order is a type of protective order granted by a court in the UK that aims to prevent a person from being harassed or threatened by their partner or family member. It can also prevent the abuser from coming within a certain distance of the victim’s home or place of work. Non-molestation orders are designed to protect victims of domestic violence and abuse, and they can be granted on an emergency or long-term basis. Breaching a non-molestation order is a criminal offence, and the offender can face serious consequences, including imprisonment.

Occupation orders

An occupation order is a type of protective order that regulates the occupation of a family home by both parties involved in a dispute. It sets out who can live in the home and may also restrict certain individuals from entering the home or a specific area surrounding it. Occupation orders can be used to evict a violent or abusive partner from the home or to prohibit them from returning. They can also be used to allow a partner or family member who has been excluded from the home to return. Occupation orders can be granted for a specified period of time or until further order. The court will consider a range of factors in deciding whether to grant an occupation order, including the needs and financial resources of the parties involved, the needs of any children, and the harm that may be suffered by the applicant if an order is not made.

Forced Marriage Protection Orders

Forced marriage is a serious issue that affects many people in the UK, particularly women and girls. To help prevent forced marriage and protect those who may be at risk, the UK has specific laws and regulations in place. One of these measures is the Forced Marriage Protection Order (FMPO), which is a type of protective order that can be issued by the court. The FMPO is a civil order that can be made to protect someone from being forced into marriage, or to prevent someone from being taken abroad for the purpose of a forced marriage. The order can also include provisions for other forms of protection, such as preventing contact between the victim and the person who is trying to force them into marriage.

Female Genital Mutilation Protection Orders

Female Genital Mutilation (FGM) Protection Orders are a type of protective order designed to protect girls and young women who are at risk of undergoing FGM. FGM is a harmful practice that involves the partial or total removal of female external genitalia for non-medical reasons. FGM is illegal in the UK and is considered a form of child abuse and a violation of human rights. FGM Protection Orders can be obtained by a potential victim, or anyone acting on their behalf, and can be issued against anyone who is believed to be involved in arranging for the victim to undergo FGM, including parents or family members. The order can prohibit certain actions, such as taking the victim out of the country or arranging for FGM to be performed, and may include provisions for protection, such as confiscating passports.

The Protective Order Process in the UK

The protective order process is an essential part of UK family law, designed to provide legal protection and support for victims of domestic violence and abuse. There are different types of protective orders available, each with its own criteria and requirements. The process of applying for a protective order involves going to court and presenting evidence to support the application. Once granted, a protective order can provide crucial protection for victims and help to prevent further abuse. However, breaching a protective order can have serious consequences.

Applying for a protective order

Applying for a protective order in the UK typically involves filing an application with the court. The application will include details of the situation, such as the nature of the abuse or harassment, and why the applicant believes a protective order is necessary. It may also include evidence such as witness statements or police reports. The application will be reviewed by a judge, who will decide whether to grant the protective order. In some cases, the court may hold a hearing to gather additional information before making a decision. It is important to note that protective orders can be obtained without the other party being present, and the applicant can request that their address be kept confidential to ensure their safety.

The role of the court in granting a protective order

The role of the court in granting a protective order is to determine whether the applicant has reasonable grounds for seeking protection and to ensure that the order is necessary and proportionate to the risks involved. In making its decision, the court will consider various factors such as the nature and extent of the alleged abuse or violence, the applicant’s and respondent’s circumstances and needs, and the welfare of any children involved. The court may also take into account any evidence or witnesses presented by either party, and may grant the order with or without notice to the respondent, depending on the urgency of the situation. If the court is satisfied that a protective order is necessary, it will make an order specifying the terms and duration of the order. The order may also contain provisions for the enforcement of the order, such as powers of arrest or exclusion from the family home.

Breaching a protective order

Breaching a protective order in the UK is a serious offence and can result in criminal charges. If the person who the order is against breaches any of the terms of the order, such as contacting the protected person or going near their home, they can be arrested and charged with contempt of court. The consequences of breaching a protective order can include fines, imprisonment, or both. It is important to note that even if the protected person consents to contact or communication from the person who the order is against, the order is still in effect and must be followed. It is the responsibility of the person who the order is against to ensure they understand the terms of the order and comply with them at all times.

Modifying or extending a protective order

Modifying or extending a protective order in the UK is a complex process that involves several steps. In some cases, the person who obtained the protective order may need to go back to court and request a modification or extension of the order. This may be necessary if the circumstances of the case have changed, or if the order is about to expire and there is still a need for protection.

To modify or extend a protective order, the person must provide evidence to the court showing why the modification or extension is necessary. This may include new incidents of abuse or harassment, or other factors that demonstrate that the person is still in danger. The court will then consider the evidence and determine whether to grant the modification or extension.

It is important to note that violating a protective order, whether intentional or unintentional, is a serious offense and can result in criminal charges. Therefore, it is crucial to follow the terms of the protective order and seek legal advice if there is a need for modification or extension.

Key Issues Addressed in Protective Orders

Protective orders are a crucial tool in addressing issues related to domestic violence and abuse in the UK. These orders are designed to protect victims from harm and prevent further abuse. In addition to addressing the immediate safety concerns, protective orders also address key issues such as child custody and visitation, financial support, and property division.

Domestic violence and abuse

Domestic violence and abuse are key issues addressed in protective orders. Domestic violence includes physical, emotional, sexual, and financial abuse perpetrated by a partner or family member. Protective orders provide legal protection to individuals who have experienced domestic violence or abuse and are at risk of further harm. Non-molestation orders and occupation orders are particularly important in protecting individuals and their children from domestic violence and abuse. These orders can prohibit the perpetrator from contacting or harassing the victim, and can also require them to leave the family home. In addition, forced marriage protection orders and female genital mutilation protection orders also address the issue of violence and abuse, particularly against women and girls.

Child custody and visitation

When it comes to protective orders, one of the key issues that they address is child custody and visitation. In cases where there are allegations of domestic violence or abuse, the safety and well-being of any children involved must be a top priority. A protective order can help to ensure that the abusive parent is not granted custody or unsupervised visitation, which can help to protect the child from further harm. The court may also consider factors such as the child’s relationship with each parent, the child’s wishes (if they are old enough to express them), and any history of abuse or neglect when making decisions about custody and visitation. Additionally, the protective order may include provisions for supervised visitation or exchange of the child between the parents to minimize the risk of further abuse.

Financial support and maintenance payments

Financial support and maintenance payments are important issues that may be addressed in protective orders in the context of UK family law. Protective orders may require one party to provide financial support or maintenance payments to the other party or to their children. This can include provisions for child support, spousal support, and other types of financial assistance. The amount of support or maintenance payments may be determined by the court, and failure to comply with these orders can result in legal consequences such as fines or imprisonment. Protective orders may also address the division of property and assets, such as the division of a family home or other jointly owned property. These provisions can help ensure that victims of domestic abuse are able to maintain financial stability and support themselves and their children.

Property division and allocation

In cases where a couple has been cohabiting or married, protective orders may also address issues related to the division of property and assets. This may include restrictions on the sale or disposal of property, and provisions for the allocation of certain assets or funds. Protective orders may also address issues related to the use of shared property, such as family homes or vehicles. In some cases, protective orders may also address issues related to the payment of debts or expenses, such as mortgages or utility bills. These provisions can help to ensure that both parties are able to maintain a reasonable standard of living while the legal process is ongoing.

Legal Framework for Protective Orders in UK Family Law

Protective orders are an important legal tool in the UK family law system to protect individuals and families from domestic violence and abuse. In order to ensure the effectiveness of protective orders, a legal framework has been developed in the UK that outlines the various types of orders, the process for obtaining them, and the responsibilities of the parties involved. This framework is comprised of several key pieces of legislation, including the Family Law Act 1996, the Domestic Violence, Crime and Victims Act 2004, and the Family Procedure Rules 2010.

The Family Law Act 1996

The Family Law Act 1996 is a major piece of legislation that governs the issuance of protective orders in the UK. The Act sets out the legal framework for non-molestation and occupation orders, which are the two most commonly used forms of protective orders. The Act defines domestic violence and abuse and provides a statutory basis for obtaining protective orders. It also outlines the factors that the court must consider when deciding whether to grant a protective order, including the need to protect the victim from harm and the effect of the order on the respondent and any children involved. The Family Law Act 1996 has been instrumental in strengthening the legal protections available to victims of domestic violence and abuse in the UK.

The Domestic Violence, Crime and Victims Act 2004

The Domestic Violence, Crime and Victims Act 2004 is another crucial piece of legislation that strengthened protective orders in UK family law. The Act introduced the concept of “domestic violence” into UK law and expanded the range of behaviors that could be considered domestic abuse. It also created new protective orders, including the power of arrest attached to non-molestation orders and the power to attach a power of arrest to occupation orders. In addition, the Act established the Domestic Violence Disclosure Scheme, also known as “Clare’s Law,” which allows people to inquire about the potential domestic violence history of their partner. This Act also created the offense of “controlling or coercive behaviour in intimate or family relationships,” which criminalises a wide range of behaviours intended to control or intimidate a partner or family member.

The Family Procedure Rules 2010

The Family Procedure Rules 2010 (FPR) set out the rules and procedures for family law cases in England and Wales, including those involving protective orders. The FPR replaced the previous family procedural rules and consolidated them into a single set of rules. The rules provide guidance on a wide range of issues, including the application process for protective orders, the conduct of court proceedings, and the enforcement of protective orders. The FPR also include specific provisions for cases involving domestic violence and abuse, such as the requirement for the court to consider the impact of any alleged domestic abuse on the welfare of any child involved in the case. Additionally, the FPR set out the rules for appeals and reviews of protective orders, as well as provisions for cases where the parties are unable to attend court due to safety concerns. Overall, the FPR play an important role in ensuring that protective orders are granted and enforced in a fair and efficient manner.

Conclusion

In conclusion, protective orders play a crucial role in UK family law in addressing domestic violence, abuse, and other related issues. Non-molestation orders, occupation orders, forced marriage protection orders, and female genital mutilation protection orders are some of the key types of protective orders available in the UK. The protective order process involves applying for the order, court hearings, breaching the order, and modifying or extending the order. Protective orders also address key issues such as domestic violence and abuse, child custody and visitation, financial support and maintenance payments, and property division and allocation. The legal framework for protective orders in the UK includes the Family Law Act 1996, the Domestic Violence, Crime and Victims Act 2004, and the Family Procedure Rules 2010. The continued implementation and development of protective orders are essential in protecting the rights and safety of vulnerable individuals in the UK.