Unfortunately, situations can arise where individuals experience abuse or feel unsafe within a relationship, but what legal protection is available?
One option is a non-molestation order.
In this article, Trainee Solicitor, Chelsea Jeffs outlines everything you need to know about non-molestation orders.
Including,
What protection do I have against an abusive partner UK?
One option for protection against an abusive partner in the UK is a non-molestation order.
Which is a powerful form of legal protection designed to keep individuals and children safe from abuse, harassment, or intimidation. This guide explains what a non-molestation order is, how it works, and how you can apply for one.
What is a Non‑Molestation Order?
A non‑molestation order is an injunction issued by the Family Court to protect an individual and/or any relevant children from abuse by a partner, former partner, or certain family members.
Its purpose is to prevent further harm and provide immediate safety and stability where there is a risk of domestic abuse.
What counts as abuse?
Abuse is not limited to physical violence and may also include emotional, psychological, and controlling behaviour.
The term “molestation” covers a wide range of actions, including:
- Intimidation or threatening behaviour
- Pestering or unwanted contact
- Persistent abuse by text messages, phone calls, or online communication
- Threats or harassment
- Physical violence such as punching, slapping, hair pulling, throwing objects or spitting
Who can a non-molestation order protect you from?
Non‑molestation orders can protect individuals from abuse in cases involving:
- A Partner, A Former partner,
- Parents, or
- Other family members
Find out more about our divorce services here.
What does a Non‑Molestation Order do?
A non‑molestation order can prohibit the respondent from:
- Using or threatening violence
- Harassing, intimidating, or pestering
- Making direct or indirect contact (including calls, messages, emails, or social media)
- Attending or approaching your home, workplace, or child’s school
- Encouraging others to contact, harass, or intimidate you
Breaching a non‑molestation order is a criminal offence. The police can arrest the respondent, and a breach may result in criminal charges or imprisonment.
What is the difference between a Non‑Molestation Order and a Restraining Order?
Although both offer protection, the key differences are:
Non‑Molestation Order
- Made in the Family Court (Civil)
- Available between people who are “associated” (e.g., partners, ex-partners, or family members)
- Breach is a criminal offence
Restraining Order
- Made in the Criminal Court, usually following a criminal prosecution
- Can apply to any two individuals, regardless of the relationship
- Breach is also a criminal offence
In short, non‑molestation orders are used within family and domestic contexts, whereas restraining orders arise from criminal proceedings.
How to apply for a Non‑Molestation Order
To apply for a non-molestation order, you will need to:
- Complete the FL401 application form
- Prepare a witness statement explaining what has happened and why protection is needed
- Submit the application to your local Family Court or apply online
- Request an urgent without notice order if you are in immediate danger
At Frettens, our supportive Family Team can help you prepare your application, gather, and present your case clearly to the court. We can also advise whether an emergency application is appropriate.
For confidential guidance, you can contact us on 01202 499255 for a free initial chat.
What are the grounds for a Non‑Molestation Order?
To apply for a non-molestation order, you must show that there is a risk of harm to you and/or a relevant child. Harm can take many forms, including:
- Physical violence or threats
- Harassment, stalking, or intimidation
- Controlling or coercive behaviour
- Emotional or psychological abuse
- Behaviour that causes fear, distress, or alarm
- Repeated abusive telephone calls or messages
The court’s primary consideration is whether protection is necessary to keep you and your children safe.
Do you need evidence for a Non‑Molestation Order?
Yes, you do need evidence for a non-molestation order.
When you apply for a non‑molestation order, you must submit a written statement with your application. This statement explains your situation and helps the court understand why protection is needed.
Your statement should include:
- Why you are applying for a non‑molestation order
- Details of relevant incidents, including dates and what happened
- Any past incidents of abuse and whether there have been previous applications
- The earliest, most serious, and most recent incidents
- The effect the abuse has had on you and/or any relevant children
- Whether the police have been contacted or any other protective steps have been taken
- Whether there have been any criminal investigations, charges, or warnings
- Whether you have sought medical help from your GP, hospital, or other services
- Whether Social Services have been involved
The court uses this information to understand your experiences and assess the level of risk.
Should I include supporting evidence?
You may also include supporting evidence, although this does not need to be extensive. This can include:
- Police incident or crime reference numbers
- Medical records or letters
- Text messages, emails, or social media screenshots
- Photographs
- Statements from friends, family members, or professionals
The court recognises that abuse does not always leave physical injuries or formal records. Your written account is therefore taken seriously, and each case is assessed based on the overall evidence and circumstances.
Do I have to pay for a Non‑Molestation Order?
There is no court fee to apply for a non‑molestation order.
However, if you instruct a solicitor, which is recommended, legal fees will apply.
For information on legal costs contact a member of our team today.
How long does a Non‑Molestation Order take?
The amount of time a non-molestation order takes, depends on the urgency of the situation.
If you are at immediate risk, the court can make an emergency without notice order on the same day. If the order is made without notice, a further hearing is usually required around 14 days later to allow the respondent an opportunity to respond.
Whereas, standard applications usually take a few weeks, depending on court availability.
Do you have to go to court for non-molestation orders?
In most cases, you will be required to attend court for at least one hearing, for a non-molestation order.
Although the exact process will depend on whether your application is made “on notice” or “without notice” (ex parte).
What is the difference between on notice and without notice non-molestation applications?
The main differences between on notice and without notice non-molestation applications are:
On Notice Applications
If you apply on notice, the respondent will be informed of your application in advance.
Both parties will usually be asked to attend the same court hearing, where the judge will consider evidence from each side before deciding whether to make an order.
Without Notice (Ex Parte) Applications
If there is an immediate and serious risk of harm, the court may make a without notice order without the respondent being present or informed beforehand. This provides urgent protection.
However, where a without notice order is made, the court will list a return hearing, often within a few weeks. This gives the respondent an opportunity to challenge the order, and you will generally be required to attend that hearing.
Safety Measures: The court can put protective arrangements in place, such as separate waiting areas, staggered arrival times, or remote attendance. It is important to inform the court of any safety concerns as early as possible.
Can a Non‑Molestation Order be rejected?
Yes. The court can refuse a non-molestation application if:
- The evidence does not show a risk of harm
- The respondent successfully challenges the allegations
- The parties are not legally “associated”
A well‑prepared application, supported by clear evidence, significantly improves the prospects of success. Legal advice on can be crucial in ensuring your case is presented effectively.
You can get in contact with one of our expert Family Law team by calling 01202 499255.
How long does a Non‑Molestation Order last?
Most non‑molestation orders last 6 to 12 months, but the court can:
- Make the order shorter or longer depending on the circumstances
- Extend the order if the risk of harm continues
An application to extend the order should be made before it expires.
Can you apply for a non-molestation order without a solicitor?
Yes, you are entitled to apply for a non-molestation order without a solicitor.
However, seeking legal advice is recommended to assist you with:
- Preparing evidence
- Drafting the witness statement
- Requesting emergency protection
- Managing a contested hearing
Expert non-molestation solicitors
If you are experiencing domestic abuse, harassment, or intimidation, our experienced Family Law Team can provide confidential, compassionate advice and help you secure protection as quickly as possible.
You can contact a member of our expert team by calling 01202 499255 or by filling out the form. We offer all new clients a free initial chat.
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