This guide explains who can apply for a non-molestation order, the types of behaviour it can restrict, and the situations in which it may be needed. It also outlines the application process step-by-step, including emergency applications, the evidence that can support your case, what happens at court, and how long an order may last. In addition, it covers what happens if an order is breached, whether it can be challenged or removed, and what to expect once an order has been granted.
What is a Non-Molestation Order?
A non-molestation order is an injunction issued by the family court under the Family Law Act 1996 and enforceable by the police. You can apply for a non-molestation order to protect yourself from harassment, threats, or abuse posed by a partner, ex-partner, or family member.
It can prevent a person from:
- Using or threatening violence
- Harassing, pestering, or contacting you
- Coming near your home or workplace
- Communicating with you directly or indirectly
Who Can Apply for a Non-Molestation Order?
You can apply if the person you need protection from is considered an “associated person.” This includes:
- Spouses or civil partners
- Former spouses or civil partners
- Cohabitants or former cohabitants
- Those in an intimate relationship
- Family members (e.g. siblings, parents)
- Individuals who share parental responsibility for a child
Applying for a non-molestation order can protect yourself, as well as any children who might be involved, by putting legal restrictions on how they can interact with you.
Real-Life Situations Where You May Need One
You may want to consider applying if:
- You fear immediate harm from a partner or ex-partner
- Someone is harassing or threatening you repeatedly
- You are being controlled or intimidated
- You are concerned about your children’s safety
Every situation is different, and the court will look at the specific risks involved.
What Behaviour Does It Cover?
A non-molestation order can prohibit the respondent from certain behaviours, including but not limited to:
- Harassing, threatening, or intimidating the applicant or any associated children.
- Contacting the applicant directly or indirectly (e.g., via phone, text, email, social media, or through third parties).
- Approaching or coming near the applicant’s home, workplace, or children’s school.
- Using or threatening physical violence.
- Damaging property belonging to the applicant.
- Turning up uninvited at places the applicant frequents.
- Posting abusive or threatening content online related to the applicant.
What Evidence Do You Need Before Applying?
You do not need physical proof to apply, but evidence can strengthen your case. To do this effectively, it is important to gather evidence that supports your claim. This can include:
- A log of incidents of abuse or harassment
- Police reports or incident numbers
- Medical records or photos of injuries
- Threatening messages (texts, emails, social media)
How to Apply for a Non-Molestation Order
Applying involves several key steps:
1. Complete the Required Forms
When applying for a non-molestation order, you will need to complete:
- Form FL401 – the main application form
- Form C8 – if you wish to keep your address confidential
2. Prepare a Witness Statement
This is one of the most important parts of your application. It should clearly explain:
- What has happened
- Dates and examples of incidents
- Why you need protection
3. Submit Your Application to Court
You can apply for a non-molestation order online, by post, or in person at your local family court. There is no court fee.
4. Emergency (Without Notice) Applications
If you are in immediate danger, you can request a without notice order, which means the court can issue protection without notifying the respondent first.
- The other person is not informed before the order is made
- The court can act quickly, sometimes the same day
5. Court Consideration
The court will review your application and may:
- Grant an immediate temporary order
- List a hearing for both parties
6. Service of the Order
If granted, the order must be formally served on the respondent. It only becomes enforceable once they are aware of it.
How Long Does a Non-Molestation Order Last?
Orders are usually granted for a fixed period, often between 6 and 12 months, but this can vary depending on the circumstances.
In some cases:
- Orders can be extended
- The court may set specific conditions tailored to your situation
What Happens If the Order is Breached?
Breaching a non-molestation order is a criminal offence.
If the respondent breaches the order:
- The police can arrest them
- They may face criminal charges
- Penalties can include fines or imprisonment
This makes non-molestation orders a powerful form of legal protection.
Can You Apply Without a Solicitor?
Yes, you can apply without a solicitor. However, legal advice can help you:
- Present a stronger application
- Ensure your statement is clear and effective
- Navigate court procedures
Legal aid may be available if you meet the eligibility criteria.
What Happens at Court?
If a hearing is required:
- Both parties may attend
- The judge will consider evidence from both sides
- The court will determine whether to grant the order or vary/discharge any existing temporary order
In urgent cases, a temporary order may already be in place before this hearing.
Can a Non-Molestation Order Be Challenged or Removed?
Yes, the respondent has the right to challenge a non-molestation order. They may present their version of events at a court hearing, typically scheduled within 14 days of the order being made, especially if it was granted without notice. At this hearing, the respondent can oppose the order, offer undertakings, or apply to vary or discharge it if circumstances have changed.
Regardless of whether the application is contested, the court must assess whether it is appropriate to grant or continue the order. This decision is based on the evidence of molestation presented and whether the applicant is deemed to require protection.
If the matter cannot be resolved at the initial hearing, the case may proceed to a fully contested hearing, where both parties can submit further evidence and legal arguments before the court makes a final decision.
What Happens When the Non-Molestation Order is Granted?
Once a non-molestation order is granted and formally served on the respondent, its terms take immediate legal effect. The respondent will be prohibited from engaging in the behaviours specified in the order, and any breach may result in arrest and criminal proceedings.
It is important that the police are notified of the order, so they can enforce it effectively. If the respondent breaches the order, you should contact the police without delay.
You should always keep a copy of the order with you and to inform relevant institutions such as your workplace, your child’s school, or any other organisation involved in your or your child’s welfare.
Non-molestation orders are typically granted for a fixed period, though they can be extended or discharged depending on your circumstances. As time progresses, you may wish to review the order and your safety plan to determine whether continued protection is necessary.
Frequently Asked Questions
How quickly can I get a non-molestation order?
In urgent cases, you may be able to obtain one the same day through a without notice application.
Does it cost anything to apply?
No, there is no court fee for applying.
Can men apply for a non-molestation order?
Yes, non-molestation orders are available to anyone who meets the legal criteria.
Do I need evidence?
Not always, but evidence can strengthen your application.
Will it affect child arrangements?
It can be relevant in child arrangement proceedings, particularly where safety is a concern.
How We Can Help
Applying for a non-molestation order can feel overwhelming, especially if you are dealing with a stressful or dangerous situation.
Our experienced family law solicitors can:
- Advise you on your options
- Help prepare your application and statement
- Represent you in court if needed
If you need urgent protection or advice, get in touch with our team today for confidential support.
