Domestic Abuse Solicitors In West Sussex

If you are experiencing domestic abuse, considering a protective injunction or have been served with an injunction application, understanding your legal position can help you decide what to do next.

Legal aid may be available to people experiencing domestic abuse. As EJ Moyle LLP does not offer legal aid, we recommend contacting the National Domestic Abuse Helpline or Men’s Advice Line first if you wish to explore this option. For those seeking privately funded advice, our Family Law solicitors provide confidential advice on non-molestation orders and occupation orders, including preparing applications and representing people responding to or defending injunction proceedings.

Based in Littlehampton and Rustington, we advise clients across West Sussex, offering clear, practical guidance tailored to their circumstances.

To discuss your situation with our Family Law team, call 01903 725143 or 01903 784447. Alternatively, complete the enquiry form below, and we will get back to you shortly.

Domestic Abuse And Your Legal Options

Domestic abuse is not limited to physical violence. It can take many forms, including threatening behaviour, harassment, intimidation, emotional or psychological abuse, economic abuse and controlling or coercive behaviour.

These situations can arise between married or unmarried partners, former partners and other family members. Sometimes there is an immediate concern about personal safety. In other cases, a pattern of behaviour may have developed over time.

If you are concerned about your safety or your children’s, the family courts can provide certain forms of legal protection.

Equally, if an allegation has been made against you or you have received an injunction application, it is important to understand the allegations, the legal process and your options for responding.

Our Family Law team can advise you on your position and help you understand the legal steps that may be appropriate.

For further information about controlling behaviour, you can also read our article on coercive control.

What Are Non-Molestation Orders And Occupation Orders?

Two of the main protective injunctions available through the family courts in England and Wales are non-molestation orders and occupation orders.

Although they are sometimes requested together, they serve different purposes.

Type Of Order	What It Can Do
Non-molestation order	Protect a person or child from abuse, harassment, threats or other prohibited behaviour.
Occupation order	Determine who can live in, return to or enter the family home, including whether someone should be excluded.

Whether either order is appropriate depends on the circumstances, the relationship between the parties and the relevant legal requirements.

Non-molestation orders

A non-molestation order is a family court order intended to protect someone from abuse, threats, harassment or other forms of molestation by a person with whom they have a qualifying family or personal relationship.

Depending on the circumstances, an order may prohibit someone from:

• Threatening, harassing or intimidating another person.
• Contacting that person directly or indirectly.
• Visiting or approaching their home or another specified location.
• Engaging in particular behaviour towards that person or a relevant child.

The restrictions will depend on the terms of the individual order.

Non-molestation orders can provide protection from a range of abusive behaviours, including situations where physical violence has not occurred.

Breaching a non-molestation order can have serious legal consequences, including criminal proceedings.

Our solicitors can advise on applying for a non-molestation order or responding to an application made against you.

Occupation orders

An occupation order deals with who can occupy or enter a family home.

It may be relevant where a couple or family members are separating, and there are concerns about whether it is safe or appropriate for both parties to continue living at the property.

Depending on the circumstances, an occupation order may:

• Require someone to leave the home.
• Allow someone to return to the property.
• Prevent a person from entering the home or a specified surrounding area.
• Regulate how different parts of the property may be occupied.

An occupation order does not, by itself, permanently determine ownership of the home or resolve the wider financial issues arising from a relationship breakdown.

Eligibility and the court’s decision will depend on matters including the parties’ relationship, housing rights and individual circumstances.

Our Family Law team can explain how occupation orders work and advise whether an application or response may be appropriate.

Applying For A Protective Injunction

If you believe you need protection from domestic abuse, you may be able to apply to the family court for a non-molestation order, an occupation order or both.

Not everyone will qualify for every type of order. Eligibility depends on the relationship between the people involved and, for occupation orders, their connection to the property.

Applications for non-molestation and occupation orders are generally made using Form FL401, accompanied by a witness statement explaining the circumstances and the reasons for requesting an order.

Depending on your situation, relevant information may include details of specific incidents, threatening messages, prior court orders, or other available evidence.

You should not put yourself at risk to gather evidence.

The court will consider the application, relevant evidence and whether the legal requirements for making an order have been met.

In some urgent circumstances, the court may consider an application without giving the other person advance notice. This is known as a without-notice application. There will usually be a further hearing at which the respondent can be heard.

A solicitor is not legally required to make an application, but obtaining advice can help you understand the options, prepare the necessary information, and consider the implications of the requested order.

Our Family Law solicitors can advise on whether a protective injunction may be appropriate, help prepare your application and guide you through the court process.

Responding To Or Defending An Injunction Application

If you have received an application for a non-molestation order or occupation order, you may be unsure what the allegations mean, whether you can challenge them or what happens next.

Being named as a respondent in an application does not automatically mean that the court has reached a final decision about the allegations.

However, it is important to take the proceedings seriously.

In particular, if an injunction has already been made, you must comply with its terms while it remains in force, even if you disagree with the allegations or intend to challenge the order.

Our Family Law solicitors can advise you on:

• Understanding the allegations and orders sought.
• Reviewing the application and supporting evidence.
• Preparing your response and relevant evidence.
• Responding to a without-notice or interim order.
• Representation in injunction proceedings.
• Whether there are grounds to seek to vary or discharge an existing order.

The appropriate response will depend on the circumstances, the evidence and any directions already given by the court.

Taking legal advice promptly can help you understand important hearing dates, your obligations and the options available to you.

Domestic Abuse, Divorce, Financial Matters And Children

Domestic abuse and injunction proceedings do not always arise in isolation.

For some families, concerns about safety and protection may arise alongside separation, divorce, decisions about the family home or disagreements involving children.

An injunction application is a separate legal matter, and you do not necessarily have to begin divorce proceedings to seek protective orders.

However, related family law issues may also need to be considered.

Divorce and separation

If your relationship has broken down, our Family Law team can advise on divorce, separation and the practical legal decisions involved.

Find out more about divorce and separation.

Financial matters and the family home

Separating couples may need advice about property ownership, financial support, savings, pensions and other financial arrangements.

An occupation order may address immediate occupation of the home, but wider financial arrangements generally need to be considered separately.

Our financial settlement solicitors can advise on these issues.

Child arrangements and safeguarding

Where children are involved, concerns about domestic abuse may affect arrangements for where they live, how they spend time with each parent and how their welfare can be protected.

The family court’s focus is on the child’s welfare, including any relevant safeguarding concerns.

Our Child Arrangements solicitors can provide advice about parenting arrangements and related proceedings.

Where domestic abuse is a concern, mediation or other methods of resolving disputes may not be suitable. Depending on the circumstances and supporting evidence, exemptions from certain mediation information and assessment requirements may apply.

Our Family Law team can advise on how these different matters may affect your situation.

Urgent Help And Support

If you or someone else is in immediate danger, call the police on 999.

EJ Moyle LLP cannot guarantee urgent or emergency injunction assistance. If you need immediate support, specialist domestic abuse organisations may be able to help you understand your options and access appropriate services.

• National Domestic Abuse Helpline, run by Refuge, provides free, confidential, 24-hour support for women experiencing domestic abuse. Call 0808 2000 247.
• Men’s Advice Line provides confidential support for men experiencing domestic abuse. Call 0808 801 0327.

Domestic Abuse Solicitors In Littlehampton, Rustington And West Sussex

EJ Moyle LLP provides Family Law advice from our offices in Littlehampton and Rustington, supporting clients across West Sussex and the surrounding area.

We understand that matters involving domestic abuse, injunctions and family protection can be particularly sensitive.

Whether you are considering an application for protection or need advice about responding to an injunction, our approach is to listen carefully, explain your legal position and provide straightforward, practical guidance.

Our Family Law team can also assist where the circumstances involve related divorce, financial or child arrangements matters.

You can find more information about our wider services on our Family Law page.

Speak To Our Domestic Abuse And Injunction Solicitors

If you need advice about a non-molestation order, occupation order or an injunction application, our Family Law team can help you understand your options and the legal process.

We advise people seeking protective orders as well as those responding to or defending applications.

To arrange a confidential discussion with our Family Law solicitors, call our Littlehampton office on 01903 725143 or Rustington on 01903 784447.

Alternatively, complete the form below, and we will get back to you shortly.