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Non-molestation orders – Quick legal action to protect yourself

In situations of domestic abuse, harassment, or intimidation, taking swift legal action can be vital for your safety and peace of mind. A non-molestation order is one of the most powerful tools available under UK family law to provide urgent protection against abuse, threats, and unwanted contact.

Whether you’re dealing with a former partner, a family member, or someone you cohabit with, a non-molestation order offers a legal barrier that can be enforced by the police. This article explains what these orders are, how to apply for one, and what happens after it is granted – helping you understand your rights and how to take control.

Background: What is a Non-Molestation Order?

A non-molestation order is a type of injunction issued by the family court under the Family Law Act 1996. It is designed to protect individuals and children from abuse, harassment, threats, or intimidation by someone they are or were personally connected to.

The term “molestation” includes:

  • Physical violence.
  • Verbal abuse or threats.
  • Coercive or controlling behaviour.
  • Unwanted contact (calls, messages, visits).
  • Stalking or harassment.

The order can prevent the respondent from:

  • Coming within a certain distance of your home or workplace.
  • Contacting you directly or indirectly.
  • Posting about you on social media.
  • Threatening, intimidating, or harassing you.

Who can apply for a Non-Molestation Order?

You can apply if you are “associated” with the person you want protection from. This includes:

  • Spouses or former spouses.
  • Civil partners or ex-civil partners.
  • Cohabitees or ex-cohabitees.
  • People in an intimate relationship of significant duration.
  • Relatives.
  • Parents of a child (regardless of relationship status).

You do not need a police report or criminal case to apply.

When and why to apply

A non-molestation order may be appropriate if:

  • You are experiencing domestic abuse.
  • You are being harassed or intimidated.
  • You fear for your safety or wellbeing.
  • You need to stop unwanted contact from a former partner.

How to get a Non-Molestation Order

You can apply either with notice (the other person is informed) or without notice (emergency/ex parte).

Step-by-step:

  1. Complete Form FL401.
  2. Provide a witness statement detailing the abuse or harassment.
  3. Submit the application via court or online.
  4. Attend a hearing (often same-day for emergencies).

There is no court fee. Legal aid may be available.

Urgent applications – getting an emergency order

If you are in immediate danger, you can apply without notice. This may be appropriate if:

  • You are at risk of harm.
  • Warning the other party may escalate the situation.
  • You need weekend or holiday protection.

An emergency hearing may be held within hours, and a full hearing follows in 7–14 days.

What happens after the order is granted?

  • Orders usually last 6–12 months.
  • The respondent must be personally served.
  • Breaching the order is a criminal offence.

Notify the police and keep a copy with you at all times. Breaches should be reported immediately.

Case example: Fast protection from abuse

Nina had separated from her partner after months of abuse. After a threatening incident, she applied for an emergency order with help from a solicitor. Within 24 hours, the non-molestation order was granted. Her ex breached it within a week and was arrested.

The role of the police and legal enforcement

Breaching a non-molestation order is treated as a criminal offence.

  • Call 999 if the order is breached.
  • Police can arrest the respondent without a warrant.
  • Gather evidence: texts, witness statements, recordings.

Legal support and getting help

A solicitor can help you:

  • Draft your witness statement.
  • Apply on your behalf.
  • Represent you in court.

Legal aid is available in many cases. Charities such as Refuge, Women’s Aid and Leeway can also support you emotionally and practically.

Get confidential help from our Family Law Solicitors.

Benefits and challenges of Non-Molestation Orders

Benefits:

  • Fast and accessible protection.
  • Enforceable by the police.
  • Customisable to your circumstances.

Challenges:

  • Must be served correctly to be enforceable.
  • May not deter determined offenders.
  • Court hearings can be stressful.

Future outlook: Improving access to protection

Reforms and digital systems are improving access to legal protection:

  • Online application portals.
  • Faster emergency hearings.
  • More awareness and training for police and support workers.

External resource

For full guidance or to apply online, visit:
Gov.uk – Injunctions Against Domestic Violence

FAQs

What is a non-molestation order?
A non-molestation order is a legal injunction that protects a person from abuse, harassment, or threats by someone they are associated with, such as a partner or family member. It is issued by the family court under the Family Law Act 1996.

How quickly can I get a non-molestation order?
You can apply for an emergency non-molestation order without notice, and in urgent cases, it may be granted the same day. A follow-up hearing will be scheduled within 7–14 days.

Is breaching a non-molestation order a criminal offence?
Yes, breaching a non-molestation order is a criminal offence and can result in arrest, prosecution, and imprisonment for up to five years.

Do I need a solicitor to get a non-molestation order?
While not legally required, having a solicitor can make the process smoother, especially in urgent or complex cases. Legal aid may be available to cover the cost.

 Can a non-molestation order be extended?
Yes. Orders typically last 6 to 12 months but can be extended if ongoing protection is needed. You must apply before the original order expires.

 

This article was produced on the 4th July 2025 for information purposes only and should not be construed or relied upon as specific legal advice.

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