For many victims of domestic abuse, the idea of going to court can feel frightening and overwhelming. You may worry about facing your abuser, being disbelieved, or not knowing what to expect. But it’s important to know that the Family Court takes domestic abuse very seriously and has strong protections in place to safeguard victims and children.
At Maria Fogg Family Law, we support survivors every step of the way — ensuring your voice is heard, your safety is prioritised, and you have clear guidance throughout the process.
Understanding How the Family Court Works
The Family Court deals with issues such as divorce, child arrangements, and protective orders. When domestic abuse is involved, the court’s primary concern is safety — both for you and for any children.
The Impact of Domestic Abuse
Judges are required to consider the impact of domestic abuse in every case where it’s alleged or proven. The law recognises not only physical violence, but also emotional, financial, sexual, and coercive control.
Key Domestic Abuse Protection Orders Available
1. Non-Molestation Orders
These orders prevent an abuser from threatening, harassing, or contacting you. Breaching a non-molestation order is a criminal offence, and the police can make an immediate arrest.
Learn more about Ex-Parte Non-Molestation orders
2. Occupation Orders
If you live with your abuser, an occupation order can remove them from the home and stop them returning, even if their name is on the tenancy or mortgage. This helps ensure you and your children can stay safe in familiar surroundings.
Learn more about occupation orders
3. Special Measures in Court
The Family Court can put practical arrangements in place to protect you during hearings, such as:
- Separate waiting areas and entrances.
- Screens or video links so you don’t have to face your abuser.
- Barring direct questioning by the abuser (they must use a lawyer or an intermediary).
These measures are designed to make the process less intimidating and to allow you to participate safely and fairly.
Learn more about special measures in court
The Court’s Approach to Domestic Abuse
When domestic abuse is raised, the court may order a fact-finding hearing to determine what has happened. If abuse is proven, it will directly influence decisions about child arrangements and contact.
Protection of a Child
The court must consider whether the child or parent could be at risk and may limit, supervise, or even suspend contact with the abusive parent to ensure safety. The judge’s overriding duty is to protect the welfare of the child — and that includes protecting them from exposure to harm.
Support from CAFCASS
In many cases, CAFCASS (Children and Family Court Advisory and Support Service) will be involved. They speak with parents and children, assess risk, and provide recommendations to the court. If domestic abuse is suspected, CAFCASS must carry out safeguarding checks and ensure the court is aware of all risks before any orders are made.
How We Can Help
At Maria Fogg Family Law, we understand the courage it takes to speak out. We’re experienced in representing victims of domestic abuse sensitively and robustly.
Our team can help you:
- Apply quickly for emergency protection orders.
- Prepare evidence for court.
- Request special measures to ensure your safety.
- Work with police and support services to strengthen your case.
We will be with you throughout from your first call to the final hearing offering both professional guidance and emotional understanding.
You’re Not Alone
The Family Court exists to protect, not to punish victims. With the right legal support, you can feel safer and more in control of your future.
If you are experiencing domestic abuse or need advice about court protection, contact Maria Fogg Family Law today. We offer confidential, compassionate advice to help you take the next step towards safety and peace of mind.
Frequently Asked Questions About Domestic Abuse Protection Orders
What is a Domestic Abuse Protection Order (DAPO)?
A Domestic Abuse Protection Order (DAPO) is a new type of protection order introduced under the Domestic Abuse Act 2021. It is designed to protect victims of domestic abuse quickly and effectively. DAPOs can include positive requirements, notification requirements, and electronic monitoring, making them more flexible than traditional restraining orders.
How quickly can the police act if I’m at risk?
If a police officer believes you are at immediate risk of domestic abuse, they can issue a Domestic Abuse Protection Notice (DAPN), which provides instant protection. Within 48 hours, the police must notify the Magistrates’ Court, which will then consider turning the notice into a full protection order.
What is the difference between a Domestic Abuse Protection Notice and a DAPO?
A Domestic Abuse Protection Notice (DAPN) is a temporary notice issued by the police to give immediate safety.
A DAPO is the longer-term court order granted by the Magistrates Court or Family Court, depending on the situation. The order may include restrictions and positive requirements to prevent further domestic abuse including controlling or coercive behaviour.
Is breaching a protection order a criminal offence?
Yes. Breaching a DAPO, non-molestation order, or other court protection order is a criminal offence. If the abuser breaches the order, you should notify the police immediately.
Can the Family Court issue a DAPO?
Yes. The Family Court can issue a DAPO during family proceedings, especially where there is abuse or the risk of harm to a parent or child. This helps ensure any arrangements for children are proportionate to protect those affected.
How does the Family Court use Domestic Abuse Protection Orders?
The Family Court uses DAPOs to:
- Prevent contact, harassment, or threats
- Remove the abuser from the home
- Impose positive requirements such as attending intervention programmes
- Enforce notification requirements to monitor behaviour
The priority is always to protect victims and safeguard children.
What if the abuse involves public transport or travel?
If the abuse occurs on transport or at stations, the British Transport Police may be involved. They also have powers to issue protection notices and work with the courts to ensure victim safety.
What special measures can help me feel safe in court?
You can request:
- Screens or video links
- Separate entrances
- Protection from direct questioning
These measures ensure victims of domestic violence can take part safely and confidently.
Can the abuser be electronically monitored?
Yes. Under the Domestic Abuse Act 2021, courts can order electronic monitoring (tagging) as part of a DAPO to ensure the abuser does not enter exclusion zones or breach the order.
Will the court consider the impact on my children?
Always. The Family Court must assess whether a child is at risk of domestic abuse or harm. Contact with the abusive parent may be limited, supervised, or stopped entirely to keep the child safe.
Do the police and courts work together on these cases?
Yes. Police officers, CAFCASS, the Magistrates Court, and the Family Court all work together to assess risk and protect victims. Police must bring DAPN cases before the court within 48 hours, ensuring rapid protection.
What should I do if I feel at immediate risk?
Call the police. If you are in danger, the police can take urgent steps — including issuing a DAPN — to protect you. You can also contact a solicitor to apply for emergency court orders such as non-molestation or occupation orders.
