What is a Restraining Order versus a Non-Molestation Order?

A Restraining Order is a legal protection issued by the criminal courts, typically following a criminal charge or conviction. It is designed to prevent further contact or harm from the offender. In contrast, a Non-Molestation Order is a civil court order under family law, aimed at preventing harassment or abuse in domestic relationships. Understanding the distinctions between these legal tools is vital for those seeking protection from harm or abuse.

Legal background: England and Wales jurisdiction

In the legal framework of England and Wales, protective injunctions fall under both criminal and civil jurisdictions. The Restraining Order arises from criminal court procedures, often after an offence such as assault or stalking. The Non-Molestation Order is granted by family courts under Part IV of the Family Law Act 1996. A related but separate remedy, the Common Law Injunction under the Protection from Harassment Act 1997, is available for individuals not covered by family law associations.

Restraining Order: Criminal court protection

• Issued by: Magistrates Court or Crown Court.
• Purpose: Prevent contact or harm following criminal incidents.
• When used: After a conviction or during ongoing proceedings.
• Duration: Time-limited or indefinite depending on risk.
• Enforcement: Breach is a criminal offence; reportable to the police.
• Eligibility: Requires evidence of fear or distress – such as police reports, messages, or witness testimony.

Restraining Orders are typically used in stalking, harassment, or domestic violence cases and can be made even if the accused is found not guilty, provided the court believes protection is necessary. This form of order aims to deter repeated behaviour and ensure the victim’s safety.

Example Scenario

Anna reports her ex-partner for repeated harassment and threats. Following a criminal charge and hearing, the Crown Court issues a Restraining Order preventing him from contacting her or approaching her home for two years.

Non-Molestation Order: Family court safeguard

• Issued by: Family Court (civil jurisdiction).
• Purpose: Protect victims of domestic abuse, harassment, or intimidation.
• When used: In the context of a family relationship or domestic connection.
• Eligibility: ‘Associated person’ such as a spouse, cohabitant, or parent of your child.
• Evidence required: Texts, emails, medical records, or police logs.
• Enforcement: Criminal offence to breach; reportable to the police

Unlike Restraining Orders, Non-Molestation Orders can be applied for without the need for a criminal charge. They can also be granted urgently as ‘ex parte’ orders without notifying the respondent initially. This is particularly valuable in high-risk domestic abuse situations.

How to apply

1. Complete Form FL401 from the family court.
2. Provide a supporting witness statement with detailed evidence.
3. Submit the application online or in-person to the court.

Common law injunction: Civil remedy outside family law

If the harasser is not an ‘associated person,’ a Common Law Injunction under the Protection from Harassment Act 1997 is applicable.

• Issued by: County or High Court (Civil).
• Scope: Protection against harassment, trespass, or nuisance from non-associated individuals.
• Requirement: Must show evidence of fear of harassment or actual harassment.
• Enforcement: Breach is a criminal offence.

This option is useful in cases such as neighbour disputes, unwanted contact from strangers, or harassment in the workplace where no family connection exists.

Case scenario

Mark, a landlord, is continuously harassed by a former tenant through social media and letters. Since they have no domestic or familial relationship, Mark obtains a Common Law Injunction from the County Court under the Protection from Harassment Act. The court grants an indefinite injunction, and the police warn the former tenant that any breach may result in arrest.

Expert insights: When to use which order

• Use a Restraining Order when the abuse or harassment is part of a criminal case.
• Use a Non-Molestation Order for protection from a current or former partner or family member.
• Use a Common Law Injunction if the person is not an ‘associated person’ but still poses a risk.

At Fosters Solicitors, our Family Law Solicitors, Crime and Dispute Resolution teams work collaboratively to help you decide the appropriate course of legal action and ensure all paperwork and representation is managed effectively.

Contact us for more information.

Benefits and challenges of protective orders

• Benefits:
  • Immediate protection from harm.
  • Legal recognition of abuse or harassment.
  • Police involvement in enforcement.
• Challenges:
  • Proving harm or harassment can be difficult without evidence.
  • May require court hearings and legal fees.
  • Orders must be enforced proactively.

FAQs

What is a Restraining Order?

A Restraining Order is a criminal court order preventing a person from contacting or harming another person following a criminal charge or conviction.

What is the difference between a Non-Molestation Order and a Restraining Order?

A Non-Molestation Order is a civil order from a family court used in domestic abuse cases, while a Restraining Order is from a criminal court and usually follows a criminal case.

Can you apply for a Restraining Order without a conviction?

Yes, in some cases the court can issue a Restraining Order even if the accused is found not guilty, if there is sufficient concern for the victim’s safety.

Who can apply for a Non-Molestation Order?

Any person experiencing abuse or harassment from someone they are associated with – such as a partner, ex-partner, family member, or co-parent – can apply.

Can a Common Law Injunction protect me from a neighbour?

Yes, if you are not associated with the person but are being harassed, a Common Law Injunction is the appropriate route under the Protection from Harassment Act 1997.

This article was produced on the 26th September 2025 for information purposes only and should not be construed or relied upon as specific legal advice.