Non-molestation Orders

Overview: 

Non-Molestation Order Route in Family Law (UK)

A Non-Molestation Order is a type of injunction used in the UK to protect individuals from abuse, harassment, or threats from a partner, ex-partner, or family member. It is designed to prevent the abuser from contacting or approaching the victim. This guide provides an overview of the Non-Molestation Order route in family law and includes frequently asked questions to help you understand the process.

What is a Non-Molestation Order?

A Non-Molestation Order is a legal order issued by a family court to protect someone from being molested by another person. “Molestation” includes a wide range of behaviors such as physical abuse, harassment, threats, and intimidation. The order is typically sought in cases of domestic violence or when there is a need to protect a vulnerable person from harm.

Who Can Apply for a Non-Molestation Order?

To apply for a Non-Molestation Order, you must have a certain relationship with the abuser, such as:

• Spouse or Ex-Spouse: Married or previously married.
• Cohabitants: Living together as a couple or formerly lived together.
• Family Members: Close family relationships, including parents, children, siblings, and in-laws.
• Engaged Couples: Couples who are or were engaged to be married.

The Application Process

Seek Legal Advice:

• Consult a Solicitor: It is advisable to consult a solicitor who specializes in family law to assist you with the application process. A solicitor can help you gather the necessary evidence and present your case effectively.

Filing the Application:

• Complete the Forms: The application involves completing an application form (FL401) and providing a statement explaining why you need the order. You may also need to provide evidence of the abuse or harassment you have experienced. Under modern rules, a standardized FL435 Response Form must also be prepared to allow the respondent a clear framework to submit their defense.
• Emergency Orders: If you need immediate protection, you can apply for an emergency order without the abuser being notified (a “without notice” order). Applications submitted before 4:00 PM are reviewed by a judge on the same day, while those submitted after 4:00 PM are handled the next working day. If granted, the court must schedule a mandatory return hearing within 28 days. If you apply with prior warning (“on notice”), the first hearing must take place within 21 days.

Court Hearing:

• Attending the Hearing: If the order is not granted on an emergency basis, there will be a court hearing where both parties can present their case. The judge will decide whether to issue the Non-Molestation Order.
• Duration of the Order: The order is granted for a specific, fixed period (typically 6 to 12 months) and cannot be made indefinitely. Every order must explicitly show a clear expiration date on its face, though it can be extended before it expires if the danger persists.

What Does a Non-Molestation Order Do?

A Non-Molestation Order typically includes the following provisions:

• Prohibition of Contact: The abuser is forbidden from contacting the victim directly or indirectly (e.g., through all kinds of social media or mutual friends).
• Exclusion Zones: The order may prevent the abuser from entering a specified geographic area. Rather than using vague radius distances (like “within 100 meters”), courts now require exclusion zones to be precisely defined by specific street names or mapped boundary lines to ensure clear enforcement.
• No Harassment: The abuser is prohibited from harassing, intimidating, or threatening the victim in any way.

Consequences of Breaching a Non-Molestation Order

Breaching a Non-Molestation Order is a criminal offense in the UK. The consequences may include:

• Arrest: The police have the power to arrest the abuser without a warrant if they breach the order.
• Criminal Charges: The abuser may face criminal charges, which can lead to imprisonment, fines, or both.
• Further Legal Action: The victim can take further legal action, such as seeking a restraining order or applying for additional protective measures.

Written on: 29 July 2026