What a non-molestation order is, what it covers, how to apply, and what happens if it is breached, in England and Wales.
A non-molestation order is a court order that prohibits a person from using or threatening violence against you or your children, intimidating, harassing, or pestering you, and in many cases from contacting you at all. It is one of the most commonly used protective orders in family law and is available under Part IV of the Family Law Act 1996. Breaching a non-molestation order is a criminal offence.
You can apply for a non-molestation order if you are an associated person in relation to the person whose behaviour you want to restrain. Associated persons include:
The definition is deliberately broad. If you are unsure whether you qualify, the court will determine eligibility when you make your application.
The order is tailored to the specific situation but typically prohibits the respondent from:
The order can also prohibit the respondent from coming within a specified distance of the applicant's home, place of work, or children's school.
Applications are made using Form FL401, available from GOV.UK. The form asks you to describe the behaviour you want to stop, your relationship with the respondent, and the order you are seeking. You also file a witness statement setting out the events and circumstances that justify the order.
Applications are made to the family court. There is no court fee for applying for a non-molestation order.
Yes. Where there is a risk of significant harm if the respondent is given notice of the application, you can apply without notice, sometimes called an ex parte application. The court can grant an order on the same day or very shortly after the application is made, without hearing from the respondent first. A hearing with both parties present will then follow, usually within days, at which the respondent has the opportunity to respond to the application and the court decides whether to continue or vary the order.
Courts grant without notice orders where the urgency or risk is genuine. Providing detailed and specific evidence of the behaviour and any immediate risk in your witness statement supports the application.
Orders are usually granted for a fixed period, typically six to twelve months, though courts can grant longer orders depending on the circumstances. The order can be extended on application if the behaviour continues or the risk remains. It can also be varied or discharged if circumstances change significantly.
Breaching a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996. A breach can result in arrest and prosecution. You should call 999 if you are in immediate danger and report any breach to the police, providing them with a copy of the order. You can also apply to the family court for the respondent to be held in contempt, but the criminal route is generally more immediate and effective.
Legal aid is available for applications for non-molestation orders regardless of your financial position in most circumstances. This is one of the limited areas of family law where legal aid has been retained. If you are applying for a non-molestation order, contact a legal aid provider or Citizens Advice to explore whether you qualify. The Legal Aid Agency's find a legal aid adviser tool is available on GOV.UK.
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Is a non-molestation order the same as a restraining order?
No. A restraining order is a criminal court order, usually imposed after a conviction or acquittal. A non-molestation order is a civil family court order. Both restrict behaviour, but they arise from different proceedings and are enforced differently. In practice, the terms are sometimes used loosely, so it is worth being precise about which type of order is in place.
Can a non-molestation order affect child contact?
A non-molestation order does not by itself determine child contact arrangements. It restricts the respondent's behaviour toward you. If there are also proceedings about child contact, the non-molestation order will be relevant to how those proceedings are managed and what interim arrangements are safe, but the two are formally separate.
What is an occupation order?
An occupation order is a related but different type of order under the Family Law Act 1996. It regulates who can live in or enter the family home. An occupation order can exclude a person from the home even if they own or rent it. Applications for occupation orders are often made alongside non-molestation order applications where there are concerns about safety in a shared home.
Does having a non-molestation order help in child arrangements proceedings?
Evidence of domestic abuse, including a non-molestation order, is directly relevant to child arrangements proceedings. It may trigger the court's obligations under Practice Direction 12J, affect what interim contact arrangements are considered safe, and potentially lead to a fact-finding hearing being ordered.
Can the respondent contest a non-molestation order?
Yes. If an order is made without notice, the respondent has the right to attend a return hearing at which both parties can give evidence and the court decides whether to continue the order. The respondent can also apply to vary or discharge an order if they believe it is no longer warranted.
What evidence do I need to apply?
You need a witness statement setting out the behaviour in as much specific detail as possible: dates, what was said or done, the impact on you and any children, and any evidence you have such as messages, photographs, or police reports. Specific and detailed evidence is more persuasive than general descriptions of a difficult relationship.
This article provides legal information about family court proceedings in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
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