Non-molestation orders

What is a non-molestation order?

A non-molestation order is a type of injunction — a court order that legally prohibits a person from:

• Using or threatening violence against you
• Intimidating, harassing, or pestering you
• Encouraging anyone else to do any of these things

It is made under Part IV of the Family Law Act 1996. Unlike some other civil orders, breaching a non-molestation order is a criminal offence — punishable by up to five years in prison or an unlimited fine. This means the police have powers to arrest someone who breaches it without you needing to go back to court first.

Who can apply?

You can apply for a non-molestation order against someone you are “associated” with. This includes:

• A current or former spouse or civil partner
• Someone you live with or have lived with (other than as a tenant or lodger)
• A current or former cohabitant or partner
• Someone you are or have been in an intimate relationship with
• A relative
• The other parent of your child

What the order covers

A non-molestation order can prohibit:

• Physical violence or threats of violence
• Intimidating, harassing, or pestering behaviour
• Contacting you — by phone, text, email, or social media
• Coming within a certain distance of your home or workplace
• Contacting your children (in some cases)

The exact terms of the order are tailored to your circumstances. You can ask for specific prohibitions that address your particular situation.

Without notice applications

One of the most important features of non-molestation orders is that they can be granted without notice — meaning the court can make the order without telling the other person first. This is called an ex parte application.

Without notice orders are granted when:

• There is a real risk of significant harm if the order is not made immediately
• Telling the other person might prompt further harm
• The urgency means there isn’t time to give notice

If a without notice order is made, a return hearing is usually listed within a few days, at which the other person can attend and respond.

How to apply

Step 1: Get advice

Before applying, seek legal advice if you can. Many solicitors can advise on non-molestation orders under legal aid, which means it can be free. Rights of Women and Citizens Advice can also help.

Step 2: Complete Form FL401

The application is made on Form FL401 — “Application for a non-molestation order and/or an occupation order”. You can get this from your local family court or from GOV.UK.

With the form, you must file a witness statement setting out:

• What has happened — give specific dates and incidents
• Why you need the order
• Whether you are applying without notice and why

Be specific and factual. Dates, times, what was said or done, any injuries or damage, any witnesses.

Step 3: File at court

There is no court fee for applying for a non-molestation order. File the completed form and witness statement at your local family court. If the situation is urgent, tell the court staff when you arrive — it may be possible to be seen by a judge the same day.

Step 4: The hearing

If you’re applying without notice, the judge will consider your application — often the same day — and decide whether to make an order. You attend this hearing; the other person does not.

If the order is granted, a return hearing is listed (usually within a few days to two weeks) at which both parties can be present.

If you’re applying with notice, a hearing date will be set at which both parties attend.

The hearing

At the hearing, the judge will consider:

• Your evidence (witness statement and anything else you’ve filed)
• The other person’s response (if it’s a return hearing)
• Whether it’s just and convenient to make the order

You don’t need to prove your case to a criminal standard — the civil standard (balance of probabilities) applies.

If the other person disputes the order, the court may list a contested hearing at a later date where both sides give evidence.

How long does an order last?

The court specifies how long the order lasts — typically six to twelve months, sometimes longer. If you still need protection when it’s about to expire, you can apply to extend it before it runs out.

If the order is breached

If the other person breaches a non-molestation order, you should:

1. Call the police — breach of a non-molestation order is a criminal offence. The police can arrest the person without a warrant.
2. Keep evidence — screenshots of messages, records of incidents (date, time, what happened)
3. Contact your solicitor — they can advise on next steps, including applying to the court for committal for contempt

The police may charge the person and prosecute them. Alternatively, you can apply to the civil court to commit them for contempt.

Non-molestation order vs occupation order

These are two different types of injunction, though they’re often applied for together on the same form.

A non-molestation order stops someone from harassing or threatening you.

An occupation order deals with who can live in or enter the family home.

In many cases, both orders are needed — particularly where you are living together and the abusive person needs to be removed from the home.

Legal aid

Legal aid is available for non-molestation order applications where there is evidence of domestic abuse. This can cover:

• Advice from a solicitor
• Representation at court

Evidence of domestic abuse for legal aid purposes includes:

• A police report or caution
• A conviction
• A previous non-molestation order
• A letter from a GP, hospital, or support worker
• Evidence from social services

If you’re unsure whether you qualify, speak to a solicitor — many will offer a free initial consultation.