What are Protection Orders?

This order:

• Sets out:
  • Who the child will live with and when
  • Who the child will spend time, or otherwise have contact with, and when
• Conditions can be added, including activity directions
• Failure to comply can result in an enforcement order

This notice and order has replaced DVPN’s and DVPO’s from April 2021, in line with the new Domestic Abuse legislation

The Domestic Abuse Protection Notice:

• Can provide immediate protection following a domestic abuse incident
• Places conditions on a perpetrator which may include:
  - Stopping him/her from entering, and being within a certain distance, of the victim's home
  - Stopping him/her from making the other person leave or excluding them from their home
  - Requiring him/her to leave the victim's home.

The DVPO may:

• Stop the perpetrator from entering, and being within a certain distance, of the victim’s home
• Stop the perpetrator from making the other person leave or exclude them from their home
• Require the perpetrator to leave the victim’s home.

This order:

• Offers a legal means to protect and safeguard victims and potential victims of FGM
• Is granted by a court a are unique to each case
• Can contain conditions to protect a victim or potential victim from FGM. This could include, for example, surrendering a passport to prevent the person at risk from being taken abroad for FGM or requirements that no one arranges for FGM to be performed on the person being protected

This order:

• Can be applied for if one of the following applies:
  • You or someone else is being threatened with a forced marriage
  • You are in a forced marriage
• Is designed to protect you according to your individual circumstances, for example to stop someone taking you out of the UK to be forced to marry

Examples of ‘molestation’ are:

• Acts or threats of violence
• Use of abusive language
• Stalking
• Abusive messaging

The Non-Molestation (non-mol) Order Prohibits a perpetrator from molesting the victim applying for an Order or a related child

• The court will grant a non-molestation order for 6 – 12 months, although in certain circumstances, it could be granted for longer
• An order can be extended if it is coming to an end
• Can be issued during civil or family court proceedings
• If a perpetrator breaches a non-molestation it is a specific criminal offence and they can be arrested

This order:

• Is used to regulate the occupation of a property
• Allows the court to decide who should live, or not live, in the home or any part of it
• Can exclude another person from an area around the home or:
  • Enforce someone's right to stay in a property
  • Require someone to ask permission to enter and remain in the property

This order:

• Is set out by the court to
  • Stop a parent from allowing a child to have contact with a certain person
  • Ensure a child's surname isn't changed
  • Make sure a parent doesn't remove a child from England and Wales
  • Prevent the geographical relocation of the child within the country
• A breach is not in itself an offence, but other offences may apply

• These are restrictions placed upon a person who is under investigation
• They are time limited
• Court bail conditions supersede police bail conditions once a person has appeared in court
• Court and police bail conditions may vary from each other
• Breach of bail conditions is a criminal offence

This order:

• Can be applied for by a victim of harassment via the civil courts
• You can apply for this order up to 6 years from when the abuse started to happen
• Can be applied for even if the perpetrator has not been found guilty of an offence in the criminal courts
• When granted it will be an order or an injunction, and if the perpetrator does not stop harassing, it would be a criminal offence and they can be prosecuted in the criminal courts

This order:

• Is a legal order issued by a court on conviction or acquittal in criminal proceedings
• Is most commonly issued to prevent hurt or protect victims suffering from domestic violence or abuse, threats or harassment
• Must be made against a known and named person such as:
  • A specific abusive individual you have had a relationship with
  • A particular family member causing duress
  • Somebody you have lived with or are living with who poses a threat
• A breach is a criminal offence and can lead to financial penalties or custodial sentences

This order:

• Can be made on application to the magistrate’s court by the police at any point during an investigation
• Is a civil order
• Will usually last for a minimum of 2 years
• A breach of this order by the perpetrator is a criminal offence that can result in up to 5 years in prison
• Courts can also impose an interim SPO to provide immediate protection for victims while a formal decision is being made on a full SPO
• These orders can set both restrictions and positive requirements
• More information on these orders is available from the Suzy Lamplugh Trust or Gov.uk