Protective injunctions and without notice applications: what you need to know
Updated August 2026
Where someone is experiencing domestic abuse, urgent legal protection may be needed. In some cases, it may be appropriate to ask the court for an injunction without first notifying the other person. These applications can be essential where there is an immediate risk of harm, but they are not appropriate in every case.
Protective injunctions under the Family Law Act 1996 can include non-molestation orders and occupation orders. Applications can be made on notice, meaning the other person is told about the application before the hearing, or without notice, meaning the application is made without telling them in advance.
What is a protective injunction?
A protective injunction is a court order designed to protect a person from domestic abuse or to regulate occupation of the family home.
The two main types of protective injunction under the Family Law Act 1996 are non-molestation orders and occupation orders. The right application will depend on the circumstances, the level of risk and the protection needed.
What is a non-molestation order?
A non-molestation order can prohibit a person from using or threatening violence, harassing, intimidating or contacting the applicant.
It can also cover other behaviour, depending on the circumstances, including attending at a home, workplace or other specified location. The terms of the order need to be clear so that both parties understand what is, and is not, permitted.
What is an occupation order?
An occupation order can regulate who lives in the family home. It may require one person to leave the property, stay away from it or occupy only certain parts of it.
These orders can have significant practical consequences, so the court will consider the circumstances carefully before making one.
Domestic Abuse Protection Orders (DAPOs)
A further protective order, the Domestic Abuse Protection Order, known as a DAPO, is currently being piloted in selected areas. These include the London boroughs of Bromley, Croydon and Sutton, as well as Greater Manchester, Cleveland, North Wales and applications involving the British Transport Police. DAPOs are intended to provide a more flexible form of protection for people experiencing domestic abuse and, once made, can have effect across England and Wales. We consider DAPOs and the pilot scheme in more detail here(add link once further article written).
What does “without notice” mean?
A without notice application asks the court to make an order before the respondent has been told about the application or had the opportunity to attend court.
This can be necessary where giving notice could increase the risk of harm, allow the respondent to intimidate or pressure the applicant, lead to further abuse, or defeat the purpose of the order. It may also be appropriate where urgent protection is needed and there is not enough time to notify the other person safely.
However, because the respondent is not present, the court will look carefully at whether proceeding without notice is justified. The evidence should explain clearly why notice should not be given and what risk may arise if the respondent is told about the application before the first hearing.
When can a protective injunction be made without notice?
A protective injunction may be made without notice where there is a real need for immediate protection and giving notice would create a significant risk.
This might include situations where there is a risk of violence, intimidation, coercive or controlling behaviour, harassment, pressure on the applicant or child, or concern that the respondent may take steps to avoid the effect of the order.
The application should be supported by clear evidence. The court will need to understand what has happened, why protection is needed urgently and why the respondent should not be told about the application before the first hearing.
When might notice be required?
In other cases, the court may expect the respondent to be notified before the hearing. This may be the position where there is no immediate risk, where the alleged behaviour is historic, or where the evidence does not explain why giving notice would create a significant risk.
This does not mean that the concerns are not serious. It means the court must balance the need for protection with fairness to the person who has not yet had the opportunity to respond.
What did DS v AC say about without notice applications?
In DS v AC [2023] EWFC 46, Mrs Justice Lieven warned about the risks of applying for protective injunctions on a without notice basis where the evidence does not justify that approach.
The court highlighted that there had been a growth in applications for domestic abuse injunctions since the Covid pandemic, and that too many applications were being made without notice.
There are strict criteria for making an application without notice. The court must consider both the need for immediate protection and the rights of the absent party. Where applications are made without notice inappropriately, they may be refused or adjourned. This can create delay, additional stress and unnecessary costs.
The important point is not that without notice applications should never be made. In the right circumstances, they can be vital. The point is that the application must be properly prepared, supported by clear evidence and made on the right basis.
What does the 2026 guidance say about non-molestation orders?
The 2026 best practice guidance for protective injunction applications under the Family Law Act 1996 reinforces the need for applications to be clear, focused and properly evidenced.
The guidance is intended to improve the quality and consistency of applications, support swift protection where orders are properly sought, and ensure that cases are placed before the court in the correct way.
For without notice applications, the evidence should address why notice should not be given, what risk may arise if the respondent is notified and why immediate protection is required.
The guidance also supports greater consistency in how applications and orders are prepared. This is particularly important because protective injunctions can have serious consequences for both parties and must be framed carefully.
The decision about whether to apply for a protective injunction, and whether to do so on notice or without notice, is something family law solicitors regularly advise on. In many cases, notice will need to be given. In others, a without notice application may be necessary to protect the applicant or any children involved.
What happens after a without notice order is made?
If the court makes an order without notice, it will usually list a return hearing soon afterwards. This gives the respondent the opportunity to attend court, respond to the allegations and ask the court to vary, continue or discharge the order.
The applicant will need to ensure that the order is properly served and that any further evidence required by the court is prepared. The process does not end when the first order is made, so it is important to understand the next steps.
Why early advice matters
These applications can be difficult, particularly for people who do not have legal representation. In DS v AC, the applicant was a litigant in person, and the judge expressed sympathy with the fact that she was not familiar with the law.
That remains an important practical point. Early advice can help identify whether an injunction is appropriate, whether the application should be made on notice or without notice, what evidence the court will need and what steps should be taken after any order is made.
It can also help avoid delay, reduce unnecessary costs and ensure that urgent applications are presented in a way that allows the court to make a properly informed decision.
How Jones Nickolds can help
At Jones Nickolds, we advise on protective injunctions, domestic abuse, child arrangements and urgent family law applications.
If you are considering applying for a non-molestation order or occupation order, or if you have been served with an injunction application and need advice on responding, our family law solicitors can help you understand your options and the practical steps involved.