Non-Molestation Orders
If you need protection from domestic abuse, harassment, threats or intimidation, a non-molestation order may be available. It is a court order that can place legal restrictions on the person you need protection from and can help protect you or your child from harm or threats.
National Legal Service Solicitors can explain how non-molestation orders work, whether an urgent without-notice application may be appropriate and whether legal aid is available. If there is immediate danger, call 999 first. Once you are safe, legal advice can help you understand your options and the steps that may be available.
Speak to NLS in confidence. Call 020 3601 5051 or complete our contact form to request a confidential callback.
What a non-molestation order does
A non-molestation order is a type of injunction used in domestic abuse cases. GOV.UK explains that this injunction can protect you or your child from being harmed or threatened by the person who has abused you.
The order can restrict what the other person is allowed to do. The exact wording depends on the facts of the case and what the court considers appropriate.
A non-molestation order may prevent the other person from:
- contacting you directly
- contacting you through another person
- coming near your home, workplace or child’s school
- threatening or harassing you
- using abusive or intimidating behaviour
- damaging or interfering with property
- encouraging someone else to contact or harass you
The person named in the injunction can be arrested if they break it. A protective order does not guarantee safety, so it is important to consider practical safety steps and contact the police if there is immediate danger.
Stalking and repeated unwanted contact
Stalking can involve repeated and unwanted behaviour that causes alarm or distress. It may include persistent calls or messages, unwanted contact through other people, being followed, monitoring online activity or turning up at places you regularly visit. Stalking or harassment can also form part of domestic abuse where the people involved are personally connected.
A non-molestation order may be one option where the behaviour is linked to a former partner, family member or another person you are personally connected to. The right protective step will depend on the circumstances, including the relationship between you and the other person and the level of risk involved.
If you are unsure whether someone’s behaviour may amount to stalking, read our guide: What Is Stalking and How to Recognise It.
If there is immediate danger, call 999. You should not try to gather evidence if doing so could put you or someone else at risk.
Who can apply for a non-molestation order?
You can usually apply if you are experiencing domestic abuse and the person you need protection from is someone you are personally connected to. This may include a current or former partner, a family member or someone you live with or have lived with.
An application may be possible if the respondent is someone you are having or have had a relationship with, a family member or someone you are living with or have lived with. It also includes some situations involving parental responsibility for a child or grandchild.
A solicitor can help you understand whether the relationship falls within the eligibility rules. This can be especially important where the situation involves a wider family member, former partner, shared parental responsibility or someone you previously lived with.
NLS domestic abuse solicitors can advise on non-molestation orders, linked child arrangements issues and related protective steps.
The application process
You can apply for a non-molestation order online, by email, by post or in person. The application may be made using the online CourtNav service or by completing the relevant court documents and submitting them to a court that deals with domestic abuse cases.
The main application form is FL401. HM Courts & Tribunals Service describes Form FL401 as the form used to ask the court to make an order protecting you and any relevant child from abuse or harassment by a named person or to prevent that person living in your home.
The process usually involves:
- Checking whether a non-molestation order is the right application
A solicitor can explain whether a non-molestation order, an occupation order or another protective step may be more appropriate. - Preparing the application
The application normally includes Form FL401 and a supporting statement explaining what has happened and why protection is being requested. - Asking for urgent protection where needed
If immediate protection is needed, the court may be asked to consider the application without the other person being told first. - Attending the hearing
The court will consider the application and may decide whether an order should be made. - Serving the order
If an order is made, the person named in the order must be told about it in the correct way. The applicant should not serve the documents personally.
A solicitor can help prepare the application, explain what information the court will need and guide you through what may happen after the order is made.
Without-notice applications in urgent cases
In urgent cases, it may be possible to apply for a non-molestation order without telling the other person first. This is known as a without-notice application. GOV.UK explains that if you need protection immediately, you can ask for an emergency order when you apply and you do not have to tell the person you want protection from before the application is considered.
The court will still need to consider the evidence and decide whether an order should be made. If an emergency order is made, it will usually last until the next hearing and the other person will still need to be told about the application after the order has been issued.
A without-notice application may be considered where telling the other person in advance could increase risk, allow them to put pressure on you or make the protection less effective. The court rules also state that an application for a non-molestation order may be made without notice and that the supporting witness statement must explain why notice has not been given.
Without-notice vs standard application comparison
There are two main ways an application may be considered by the court. The right route depends on urgency, safety and whether telling the other person in advance could increase risk.
Below explains the practical difference between a standard application and a without-notice application. This is a general guide. The court will decide how each application should be handled.
Evidence you’ll need
The Family Procedure Rules state that an application for an occupation order or a non-molestation order must be supported by a witness statement.
Your statement should explain what has happened, why protection is needed and whether the application is urgent. GOV.UK explains that if you apply by email, post or in person, you must write a supporting statement explaining what happened and include a statement of truth if you write your own statement.
Evidence may include:
- your written statement
- messages, emails or call logs
- photographs
- police reference numbers or reports
- medical records or letters
- evidence from a domestic abuse support service
- evidence from children’s services where children are involved
- details of previous incidents
- evidence of threats, harassment or unwanted contact
- evidence showing why the application is urgent
You should not try to collect evidence if doing so may put you or someone else at risk. A solicitor can explain what information may be useful and how to approach the application safely.
Do I have to attend court?
If you apply for an emergency order, the court will hold a hearing that you must attend. You can ask for the hearing to take place by video or phone if, for example, you need extra protection or it is hard for you to come to court.
Whether you attend in person, by video or by phone will depend on the court’s arrangements and what the court allows. If attending court raises safety concerns, explain this when you apply or speak to your solicitor so the issue can be raised properly.
Some people are concerned about seeing the other person at court. A solicitor will explain what may happen at the hearing, whether special arrangements can be requested and what to expect if the order is made without notice first.
Timescales and how long an order lasts
The timescale depends on the urgency of the application, the court’s availability and whether the application is made with or without notice. In urgent cases, the court may consider an emergency without-notice application quickly, but the court must still decide whether an order should be made.
If immediate protection is needed, you can ask for an emergency order and the court may issue an order at the hearing. An emergency order will usually last until the next hearing.
A non-molestation order lasts for the period set by the court. If protection is still needed near the end of the order, an application can be made to extend an existing injunction before it ends.
Costs and legal aid
There is no court fee for applying for a non-molestation order. GOV.UK’s family court fees guidance lists the fee for an application for a non-molestation order as “No fee”.
There may still be costs if you choose to pay for legal advice or representation. Legal aid for domestic abuse may be available for non-molestation order applications depending on the evidence, financial rules and type of application.
GOV.UK explains that you might be able to get legal aid if you have evidence that you or your children have experienced domestic abuse and you cannot afford legal costs.
A solicitor can assess whether legal aid may be available. If you are unsure whether you have the right evidence, it is sensible to ask before assuming that you will or will not qualify.
Non-molestation orders and occupation orders
A child arrangements order can be varied where circumstances have changed and the existing order no longer works for the child’s welfare. This may happen as a child grows older, when school arrangements change, when a parent relocates or where there are new safeguarding concerns.
The court can consider applications to vary or discharge existing orders. This may be appropriate where the current order is no longer practical, safe or suitable for the child’s needs.
Reasons to vary a child arrangements order may include:
- The child’s needs changing with age
- A change in school, health or routine
- One parent moving home
- Repeated problems with handovers
- Safeguarding concerns
- Domestic abuse concerns arising after the order
- The child expressing clear wishes and feelings
- One parent repeatedly not following the order
- Arrangements becoming impractical or unsafe
An application to vary should explain why the current order no longer meets the child’s needs and what arrangement is being proposed instead. The court will consider the child’s welfare and may ask Cafcass to provide safeguarding information or a welfare report before a final decision is made.
Speak to NLS about a non-molestation order
If you need advice about a non-molestation order, urgent protection or legal aid, National Legal Service Solicitors can help you understand the process and the steps that may be available.
Frequently asked questions
- What evidence do you need for a non-molestation order?
You will usually need a witness statement explaining what has happened and why protection is needed. The court rules state that an application for a non-molestation order must be supported by a witness statement.
Other evidence may include messages, call logs, photographs, police information, medical evidence or evidence from a domestic abuse support service. Do not try to collect evidence if doing so may increase risk.
- Do I have to attend court for a non-molestation order?
If you apply for an emergency order, the court will hold a hearing that you must attend. You can ask for the hearing to take place by video or phone if you need extra protection or it is difficult to attend court.
A solicitor will explain what the hearing may involve and whether any safety arrangements should be requested. The court will decide what form of hearing is appropriate.
- How long does it take to get a non-molestation order?
In urgent cases, the court may consider a without-notice application quickly and may issue an order at the hearing. The timescale depends on urgency, the evidence and court availability.
If an emergency order is made without notice, it will usually last until the next hearing. The other person will then usually have an opportunity to respond.
- Can I apply for a non-molestation order myself?
Yes, you can apply yourself. Applications can be made online, by email, by post or in person.
Legal advice can still be helpful, especially where the situation is urgent, evidence is complex or you are worried about safety. A solicitor can help prepare the statement and explain what the court is likely to need.
- How long does a non-molestation order last?
A non-molestation order lasts for the period set by the court. Emergency orders made without notice usually last until the next hearing.
If the order is ending and protection is still needed, you can apply to extend it before it ends. If an injunction has ended and protection is still needed, a new application must be made.
- What does a non-molestation order cost?
There is no court fee for applying for a non-molestation order. GOV.UK’s family court fees guidance lists the application fee for a non-molestation order as “No fee”.
If you use a solicitor, legal costs may apply unless legal aid is available. Legal aid may be available for domestic abuse cases depending on the evidence, eligibility rules and whether a contribution is required.