If you are experiencing domestic abuse, harassment, or threatening behaviour from a partner, ex-partner, or family member, a non-molestation order is one of the most effective legal protections available to you. It is a court order that prohibits the person named in it from using or threatening violence against you, intimidating or harassing you, or contacting you in any way. This guide explains what a non-molestation order is, who can apply for one, how to do so, and what happens if it is breached.
Our family law solicitors in Bolton handle non-molestation order applications with sensitivity and urgency and can advise you on the protection available in your circumstances.
What Is a Non-Molestation Order?
A non-molestation order is a civil court order made under section 42 of the Family Law Act 1996. It prohibits a person — known as the respondent — from molesting the applicant or a relevant child. The word “molestation” in this legal context is broader than it might appear — it covers violence, threats of violence, harassment, intimidation, pestering, and any other conduct that causes or is likely to cause harm or distress to the applicant.
In practical terms, a non-molestation order will typically prohibit the respondent from:
- Using or threatening physical violence toward the applicant or children
- Intimidating, harassing, or pestering the applicant
- Contacting the applicant by any means — phone, text, email, social media, or through third parties
- Coming within a specified distance of the applicant’s home, workplace, or children’s school
- Damaging property belonging to the applicant
The terms of each order are tailored to the specific circumstances — the court will include whatever prohibitions are necessary to protect you.
Who Can Apply for a Non-Molestation Order?
Non-molestation orders are available to associated persons — people who have or have had a specified relationship with the respondent. You can apply if you are or have been:
- Married to or in a civil partnership with the respondent
- In a cohabiting relationship with the respondent
- In an intimate relationship with the respondent of significant duration, even if you never lived together
- A family member of the respondent (including parents, siblings, or adult children)
- The parent of a child of the respondent
You can apply on behalf of a relevant child as well as yourself. Children can also be protected by the terms of an order made in an adult’s application.
How Do You Apply?
Non-molestation order applications are made to the Family Court. The process involves:
Step 1: Completing the Application
The application is made using Form FL401. This requires you to set out your relationship with the respondent, the nature of the abuse or harassment you have experienced, and the specific prohibitions you are asking the court to impose. A supporting witness statement setting out the background and specific incidents of abuse in detail is also required.
The quality of this statement is critical — it needs to be specific, factual, and comprehensive. Your solicitor will help you draft it in a way that gives the court the clearest possible picture of your situation.
Step 2: Without Notice Applications
In urgent cases — where there is an immediate risk of harm — you can apply for a non-molestation order without giving notice to the respondent. This is known as a without notice or ex parte application. The court can make the order immediately, without the respondent being present or aware of the application, if it is satisfied that it is just and convenient to do so.
This is particularly important in situations where giving the respondent advance notice of the application could put you in danger or cause them to take steps to avoid or undermine the order.
Step 3: The Hearing
If the order is made without notice, a further hearing will be listed — usually within a few days — at which the respondent has the opportunity to attend and make representations. The court will then decide whether to continue, vary, or discharge the order.
If the application is made on notice (with the respondent being given advance notice), a single hearing takes place at which both parties can give evidence and the court makes its decision.
Step 4: Service
The order must be formally served on the respondent — usually by the court or by a process server — before it takes effect. The respondent must know about the order for breach proceedings to be possible.
How Long Does a Non-Molestation Order Last?
The court can make an order for any period it considers appropriate. Orders are typically made for 6 to 12 months in the first instance, with the possibility of extension on application if circumstances require it. In some cases — particularly where there is a history of serious abuse — longer orders or indefinite orders may be made.
What Happens If the Order Is Breached?
Breaching a non-molestation order is a serious criminal offence under section 42A of the Family Law Act 1996. It carries a maximum sentence of 5 years in prison and can result in arrest without a warrant. This means that if the respondent contacts you, approaches you, or behaves in any way prohibited by the order, the police can arrest them immediately.
If the respondent breaches the order, contact the police immediately and keep any evidence of the breach — screenshots of messages, voicemails, and witness details. Your solicitor should also be notified so that appropriate steps can be taken through the court.
Can a Non-Molestation Order Be Challenged?
Yes. The respondent can attend the return hearing (if the order was made without notice) or any subsequent hearing and make representations to the court that the order should be discharged or varied. They may dispute the applicant’s account of events or argue that the terms of the order are disproportionate.
The court will hear evidence from both sides before deciding whether to continue the order. This is why having a solicitor who can present your case effectively at court is important — the order is a protection, but it is only as strong as the evidence that supports it.
Non-Molestation Orders and Divorce
A non-molestation order can be applied for at any time — before, during, or after divorce proceedings. The two processes are entirely separate, though they often run alongside each other. If you are going through a divorce and experiencing abuse or harassment from your spouse, it is important to take advice on protective measures at the same time as the divorce proceedings.
How Hi Solicitors Can Help
Our non-molestation order solicitors act quickly and sensitively in applications for protective orders. We can prepare and file the application urgently, attend court with you, and ensure the order is as comprehensive as possible to protect you and your children.
If you are also concerned about being forced into a marriage, our Forced Marriage Protection Order team can advise on the additional protections available under that framework.
Call 01204 371 414 for a free initial consultation. We treat all enquiries with complete confidentiality and sensitivity.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: How quickly can a non-molestation order be obtained?
In urgent cases, a non-molestation order can be obtained on the same day as the application by making a without notice application to the Family Court. The court can make the order immediately where there is an immediate risk of harm. A return hearing is then listed within a few days at which the respondent can make representations.
Q: Does the respondent have to be told about the application?
Not initially, in urgent cases. A without notice application allows the court to make the order without the respondent being aware of it. This protects the applicant where advance notice could put them at greater risk. Once the order is made, the respondent is served with it and a return hearing is listed.
Q: What is the difference between a non-molestation order and an occupation order?
A non-molestation order prohibits the respondent from molesting, contacting, or approaching the applicant. An occupation order regulates who can live in the family home — it can require one party to leave the property or allow the applicant to return to it. The two orders are often applied for together in domestic abuse situations.
Q: Can I get a non-molestation order against someone I was never in a relationship with?
Non-molestation orders are only available against associated persons — people with whom you have a specified relationship, such as a former partner, spouse, or family member. If the person is not an associated person, other civil remedies such as a harassment injunction under the Protection from Harassment Act 1997 may be more appropriate.
Q: What evidence do I need to apply for a non-molestation order?
You do not need to provide a particular type of evidence — the most important thing is a clear, detailed witness statement setting out the history and specific incidents of abuse or harassment. Supporting evidence such as photographs of injuries, screenshots of threatening messages, medical records, or police reports will all strengthen the application but are not always essential. Your solicitor can advise on the evidence that will be most effective in your specific situation.
