Understanding Civil Orders: What They Mean for Defendants
Understanding Civil Orders: What They Mean for Defendants
A Guide to Civil Orders and Their Impact in Domestic Offence Cases
When you’re accused of a domestic offence, the legal process doesn’t always begin—or end—with criminal charges. In many cases, a civil order is issued. These orders are intended to protect individuals in potentially harmful situations, but for the person on the receiving end, they can feel sudden, confusing, and deeply stressful.
At Nelson Guest & Partners, we’re here to explain what civil orders are, why they’re issued, and—most importantly—what they mean for you as a defendant.
What is a Civil Order?
A civil order is a legal directive issued by a court, often intended to prevent further alleged harm or conflict between parties. Common examples in domestic contexts include:
- Non-Molestation Orders – Preventing contact or harassment.
- Occupation Orders – Determining who can live in a shared home.
- Restraining Orders – Imposed following a conviction or acquittal in some criminal cases.
Though civil in nature, breaching one of these orders can result in criminal penalties, including arrest or imprisonment. That’s why it’s crucial to take them seriously.
Why Are Civil Orders Imposed?
Civil orders are typically used to protect someone who claims to feel threatened, harassed, or unsafe. They can be granted without the other party being present—known as ex parte orders—meaning you might be served with an order before having the chance to defend yourself.
These orders are often made in situations involving allegations of domestic abuse, coercive behaviour, or stalking. However, they don’t require proof “beyond reasonable doubt” like a criminal conviction. Instead, courts act on what’s called “the balance of probabilities”—a lower threshold, but one that still carries serious consequences.
The Impact on Defendants
Being the subject of a civil order can have wide-reaching effects:
- Restricted Contact – You may be legally barred from seeing or communicating with your partner, children, or even entering your own home.
- Reputational Damage – Even without a criminal conviction, the existence of an order can lead to assumptions and social stigma.
- Legal Consequences – Any breach, whether accidental or intentional, can lead to criminal prosecution and further restrictions.
That’s why seeking early legal advice is absolutely essential. We can help you understand the terms of the order, apply to vary or discharge it if necessary, and ensure you remain compliant while protecting your rights.
Can I Challenge a Civil Order?
Yes. You have the right to challenge a civil order at a court hearing. This is your opportunity to present your side of the story, provide evidence, and argue why the order may be unnecessary or unfair.
Our role is to prepare a strong case on your behalf—examining the evidence behind the application, identifying inconsistencies, and making sure your voice is heard.
What Should I Do If I’ve Been Served with One?
- Don’t ignore it – Even if you believe it’s unfair, you must comply with the order unless and until it is changed by the court.
- Read it carefully – Understand exactly what is and isn’t permitted.
- Seek legal advice immediately – Time limits for responding can be short, and the sooner we’re involved, the more we can do to support you.
Clear Advice When You Need It Most
Civil orders may not carry the same weight as a criminal conviction, but their impact can be just as life-altering. At Nelson Guest & Partners, we understand how overwhelming and unjust this process can feel—and we’re here to help you navigate it with confidence, clarity, and care.
If you’ve been served with a civil order or are facing allegations related to domestic offences, contact us today. Call 020 8309 5010 or email us in confidence. The earlier we’re involved, the better we can protect your rights and build your defence.