Making the decision to ask the court for protection is never easy. Many people look for information about non-molestation orders at a time when they feel unsafe, under pressure, or unsure what to do next. If you are in immediate danger, you should contact the police on 999. The court process exists to provide protection, and in urgent situations it may be possible to obtain an order very quickly.
A non-molestation order is a type of court order made under the Family Law Act 1996. It is designed to protect someone from harassment, threats, abuse or intimidation by a partner, former partner, or family member. This guide explains what a non-molestation order is, who can apply, and how the application process works in the UK. It also explains what happens at court, how long an order may last and when legal advice may help.
What Is A Non-Molestation Order?
A non-molestation order is a court order that prevents someone from behaving in a way that causes harm, distress or fear. The order is used in situations involving domestic abuse, harassment or threatening behaviour.
The court can make an order to stop a person from contacting you, approaching your home or workplace, threatening you, using abusive language or harassing you online or in person, or encouraging anyone else to do so. The order can also include protection for children if the court believes this is necessary.
Breaching a non-molestation order is a criminal offence. If the order is broken, the police have the power to arrest without a warrant. Because of this, the order can provide strong protection when someone is at risk.
The court can also make an order (known as an ‘occupation order’) removing an abusive partner from the home you share with them, even if they are a joint owner, and preventing them from returning for a specified period of time.
Who Can Apply?
You do not need to be married to apply for a non-molestation order. The law allows applications where the person you need protection from is considered an associated person. In practical terms, this usually means someone you have a close personal or family connection with.
You may be able to apply if the person is your current or former partner, someone you currently live with or previously lived with, a family member or the parent of your child. Applications can also be made in situations involving former spouses, civil partners or people in a long term relationship.
If you are unsure whether you qualify, it is often helpful to get legal advice before applying. Call our team on 01274 561 666 to discuss your requirements.
When Should You Apply?
People usually apply for a non-molestation order when they feel that the situation is becoming unsafe or difficult to control. This may include violence, threats, harassment, stalking, or behaviour that is controlling or intimidating.
You may want to apply if the behaviour is getting worse, if you are worried about your safety or the safety of your children, or if previous attempts to resolve the situation have not worked. The law recognises that abuse does not have to be physical. Emotional abuse, coercive control and threatening behaviour can also justify an application.
The important point is whether the court believes protection is needed. If you feel at risk, it is usually sensible to seek advice as soon as possible.
Step By Step: How To Apply For A Non-Molesation Order
The non-molestation order process is designed to allow people to apply quickly when protection is needed. The steps are usually as follows.
Step 1: Complete the Application Form
Applications are made using a form called FL401. This form asks for details about you, the person you are applying against, and the protection you are asking the court to provide.
There is no court fee to apply for a non-molestation order. The form can normally be submitted online, by post or in person at the family court.
Step 2: Prepare a Statement
Along with the form, you will need to prepare a written statement explaining what has happened and why you need protection. This statement should include clear examples, dates if possible, and details of the behaviour that has caused concern.
Evidence can help, such as messages, photographs, medical records or police reports, but you do not always need documents to apply. The court understands that people may not have formal proof, especially in situations involving threats or controlling behaviour.
Step 3: Decide if the Application Needs to Be Urgent
In some cases, the court can consider the application without telling the other person first. This is known as a without notice application. It is usually used where there is an immediate risk of harm or where warning the other person could make the situation worse.
If the judge agrees that the situation is urgent, the court can make a temporary order the same day. A further hearing is usually arranged later so that both sides can attend.
Step 4: The Court Hearing
A judge will consider the application and the statement you provide. If the order is made urgently, it may be temporary at first. The court may then list another hearing where the other person has the opportunity to respond.
At the final hearing, the judge decides whether the order should continue and how long it should last. The decision is based on the evidence and the level of risk.
How Long Does A Non-Molestation Order Last?
Non-molestation orders are usually made for a fixed period. In many cases the order lasts between 6 and 12 months, although the exact length depends on the circumstances.
The court decides how long protection is needed. If the risk continues, it may be possible to apply for the order to be extended before it expires.
What Happens If The Order Is Breached?
Breaking a non-molestation order is a criminal offence. If the person named in the order ignores the restrictions, the police can arrest them without a warrant.
A breach can lead to criminal charges and, in serious cases, a prison sentence. This is why non-molestation orders are often used where strong protection is required. If an order is breached, it is important to report it to the police as soon as possible.
Do You Need A Solicitor?
You are allowed to apply for a non-molestation order yourself, and some people choose to do so. However, the process can feel difficult, especially when the situation is urgent or emotional.
Legal advice can help with preparing the application, writing a clear statement, making urgent applications and representing you at court. A solicitor can also help protect your address details and check whether you qualify for legal aid.
Having support can make the process less stressful and can help ensure the court receives the information it needs to make a decision.
Legal Aid For Non-Molestation Orders
Legal aid is often available for non-molestation order applications, depending on your financial circumstances and the type of case. In many situations involving domestic abuse, legal aid may cover legal advice and representation.
Eligibility rules can be complicated, so it is usually best to ask a solicitor to check whether funding is available before making an application.
How We Can Help
Here at Chivers Solicitors, we provide confidential advice to people who need protection through the family court. Our family law solicitors regularly assist with urgent injunction applications, including non-molestation orders, and can help you understand the process before any application is made.
We can advise on whether you qualify, prepare the application, represent you at court, and check whether legal aid may be available. Advice is given in a calm and sensitive way, with a focus on helping you feel safe and informed.
If you believe you may need a non-molestation order, you can contact our family law team for confidential advice. Further information about protection orders is also available through our domestic abuse solicitors service.
If you are in immediate danger, contact the police on 999.
To speak to our team, call 01274 561 666, email solicitors@chiverssolicitors.co.uk, or fill in our online contact form.
Non-Molestation Order FAQs
How Quickly Can I Get A Non-Molestation Order?
In urgent situations the court may consider the application the same day, especially if there is a risk of harm.
Can I Apply Without The Other Person Knowing?
Yes. In urgent cases the court can make a temporary order without telling the other person.
Is There A Court Fee?
No. There is normally no court fee for applying for a non-molestation order.
Do I Need Evidence?
Evidence can help, but the court can still consider an application based on your statement if protection may be needed.
Can The Order Protect My Children As Well?
Yes. The court can include children in the order if it believes they need protection.
What Happens If The Order Is Broken?
Breaching a non-molestation order is a criminal offence. If the order is broken, the police have the power to arrest the person named in the order.