If you are experiencing abuse, harassment, or threats from a current or former partner, or a family member, you may be able to apply for a non-molestation order. This is a type of injunction available through the family courts in England and Wales to protect victims of domestic abuse from harm.
At AFG Law, we understand how daunting it can feel to take legal action. This short guide explains the non-molestation order process clearly, including who can apply, what the order does, how to apply, and what happens after the order is granted.
What Is a Non-Molestation Order?
A non-molestation order is a court order designed to protect someone from abuse, harassment, threats, or intimidation by a person they are associated with. Although a non-molestation order is a civil order, it comes with “power of arrest”. Breaching this type of order is a criminal offence, punishable by up to 5 years in prison.
The order may prevent someone from:
- Using or threatening violence
- Harassing, pestering, or intimidating the applicant
- Coming near the applicant’s home, workplace, or child’s school
- Communicating with the applicant directly or indirectly
Who Can Apply?
You can apply for a non-molestation order if the person you are seeking protection from is someone you are “associated” with under the Family Law Act 1996. This includes:
- Someone you are currently married to or in a civil partnership with
- A cohabiting or former partner
- Someone you are or were in an intimate relationship with
- A family member (e.g. parent, sibling, adult child)
- The other parent of your child
You do not need to have experienced physical violence to apply. Emotional, psychological, or coercive abuse is also grounds for protection.
When Should You Apply?
You should consider applying for a non-molestation order if:
- You are experiencing domestic violence, abuse or threats of abuse
- You are being harassed, stalked, or intimidated by someone you have a personal connection with
- You feel unsafe or at risk of harm
You can apply at any time, but in urgent situations, you may be able to get an order on the same day without the other person being present; this is called an order “without notice” (ex parte) application. You will be granted protection by terms of the order as soon as it has been served.
Non- Molestation Order Process
You will need to apply to the court for a non-molestation order. To apply, you will be required to complete the following forms:
- Form FL401 – the main application form
- Supporting witness statement – the application is usually supported by a short statement explaining why the order is necessary. This statement outlines the allegations against the Respondent, detailing the behaviour that is said to amount to ‘molestation’.
- Form C8 (optional) – if you wish to keep your address confidential from the respondent
You can download the forms from the Gov.uk website or complete them with help from a solicitor.
The next step is to decide whether you wish to apply with or without notice.
When applying with notice, the other person (the respondent) will be notified of your application and given a chance to attend the hearing.
However, if you are at risk of immediate harm, you can apply without the respondent knowing in advance. The court can issue a temporary order until a full hearing takes place. This is known as applying “without notice.”
Your solicitor can help assess which course of action is most appropriate for your circumstances.
You can submit the application:
- Online via the court’s secure portal (if available)
- By post or in person to your local family court
There is no court fee for applying for a non-molestation order.
You will then be asked to attend a court hearing. This may be:
- On the same day (for urgent applications)
- A few days later (for non-urgent cases)
The judge will consider the evidence you provide and decide whether to grant the order. If it was a without notice application, a second hearing will usually be scheduled so the respondent can attend and respond.
What Happens After the Order Is Made?
If the court grants the order, the respondent must be personally served with the order, so they are aware of it. This is usually arranged by your solicitor or a process server.
The order will include:
- The specific terms the respondent must obey
- The duration of the order (often 6 to 12 months, but it can be extended)
- The warning that breaching the order is a criminal offence
Once served, the order takes legal effect. The police should also be informed of the order so they can act quickly if it is breached.
If the respondent denies the allegations or disagrees with the need for the order, the court will usually schedule a contested hearing where both parties have the opportunity to:
- Present their version of events
- Give oral evidence under oath
- Cross-examine each other’s evidence (through legal representatives or with court permission)
- Submit supporting documents or witness statements
The judge will then assess the evidence from both sides and decide whether to grant, vary, or dismiss the non-molestation order.
What If the Order Is Breached?
Breaching a non-molestation order is a criminal offence, and you should contact the police immediately if it happens. The police can arrest the respondent, and the case may be dealt with in the criminal courts.
The breach will be taken seriously, and the court can impose penalties including:
- Fines
- Community orders
- Imprisonment
Can a Non-Molestation Order Be Changed or Removed?
Yes, either party can apply to vary or discharge the order if circumstances change. This requires an application to the court explaining why a change is needed. The court will only agree if it believes it is safe and appropriate to do so.
Do You Need a Solicitor to Obtain a Non-Molestation Order?
You can apply for a non-molestation order on your own, but it is strongly recommended to seek legal advice, especially if:
- The case involves children
- You are unsure what to include in your statement
- The abuse has been ongoing or complex
- You need help arranging service of the order
At AFG Law, our family law solicitors have extensive experience helping clients secure protection through non-molestation orders. We can guide you through the non molestation order process, help you present your evidence clearly, and ensure your rights are protected.
How can AFG Law help?
Our domestic abuse solicitors are dedicated to helping our clients feel safe and heard. We understand that taking the step to seek help with a non-molestation order takes courage, and we will support you every step of the way. We can also assist those seeking assistance with occupation orders and domestic abuse protection orders.
If you have any further questions regarding non-molestation orders or if you require legal advice on domestic abuse, please call 01204 920 100 to speak with AFG Law’s expert family and domestic violence team, who can support you in all aspects of family law. Alternatively, you can email one of the team members at familysolicitor@afglaw.co.uk.