A non-molestation order is an order issued by the courts to protect victims of domestic abuse from threats, harassment, and violence. Non-molestation orders have the effect of restricting an accused abuser from taking certain actions against the victim, such as communicating, threatening, or being in the vicinity of their property. This includes instructing another person to carry out such actions against the victim.

A person can only apply for a non-molestation order if they are ‘associated’ with the abuser, i.e. if they are relatives, in a relationship, previously in a relationship, live together, or have previously lived together. Non-molestation orders typically last between 12 weeks and 1 year. However, the duration is at the discretion of the judge hearing the matter.

Non-molestation orders may include clauses that forbid:

The use or threat of violence against the applicant.
Communication or attempts to communicate with the applicant.
Going to, entering or attempting to enter the applicant’s home at a specified address and must not come within a specified number of metres of it.
Another person from doing any of the above.

While non-molestation orders offer vital protection to victims of domestic abuse, there are some problems with non-molestation orders to be aware of. These drawbacks include the relatively short duration of the order, difficulties enforcing the order in some cases, the lack of clarity of some orders, and the emotional challenges of applying for one. The application process can be complex and involve reliving traumatic experiences.

If you currently have a non-molestation order in place for your protection and you are concerned that it has or is being breached, it is important to report this to the police immediately. Because non-molestation orders are issued by the courts, the police can take measures to enforce them. Anyone found to have breached a non-molestation order risks police investigation and arrest, leading to fines and possible imprisonment of up to 5 years.

Non-molestation order vs restraining order

A non-molestation order is issued in a civil or family court, while a restraining order is issued in a criminal court (i.e. magistrates or crown court) by a judge who is concerned that the accused may cause harm to the applicant. In some cases, restraining orders are issued at the same time as a criminal conviction (e.g. threats or actual violence against a partner). That said, both orders have the effect of preventing a victim from the impact of domestic abuse and threats of violence.

Grounds for obtaining a non-molestation order

In order for the court to agree to a non-molestation order, the following grounds must be established:

The applicant or relevant child must need protection, i.e. there must be a need to secure the health, safety and well-being of the applicant and of any relevant child.

There must be evidence of molestation.

There must be a need to control the behaviour of the individual who is the subject of the complaint.

How to get a non-molestation order

You can get a non-molestation order yourself but it is always recommended to seek legal advice from a family law solicitor in the first instance due to the urgency and complexity of the application process and the requirement to provide robust evidence.

It is important to understand that whether you can get a non-molestation order is a matter for the family court, not the police. The police may be involved in serving non-molestation orders and enforcing the order, but they cannot make decisions about whether to grant a non-molestation order or not.

The non-molestation order application process is as follows:

Complete Form FL401 (‘Apply for a non-molestation or occupation order).¹

To keep your personal details and those of your child confidential, you can complete Form C8 (‘Apply to keep your contact details confidential’).²

A witness statement must be drafted, setting out the details of the abuse and threats. Here, you should explain why urgent action is needed to protect your safety.

The completed documents must then be submitted to a local family court.

Once the application has been received, the other party from whom protection is needed will be notified of the case. If it is not appropriate to do so, a non-molestation order can be granted without notice. This may be the case if the victim may be at risk of harm by providing notice.

The other party has 14 days to respond to the notice (they may oppose the order, accept the order, or promise not to undertake certain actions in the future).

You and the other party will normally be required to attend a non-molestation hearing in a family court. You can attend with your solicitor, who can support you through the process. The judge will review the statements and evidence provided and make a decision.

If the court grants a non-molestation order, a copy will be provided to your local police station. The order will come into effect once it has been served on the other party.

If the court issues a non-molestation order without giving notice, it will arrange a return date for a non-molestation hearing to make a final decision. This may include continuing the order, discharging the order, continuing the order until a non-molestation order second hearing has taken place, or accepting an undertaking that the other party not to take certain actions.

Do you have to attend court for a non-molestation order?

Yes, in most cases, you and the other party will both need to attend the Family Court to have your case heard and considered by the judge. During the court proceedings, the judge will look for evidence of unreasonable behaviour by the other party. You will be asked to provide your statement and evidence to the court explaining why you need a non-molestation order. The other party will be able to present their own case in defence to the judge.

If you have concerns about your safety, special measures can be put in place to ensure your protection in court.

Evidence for a non-molestation order

To secure a non-molestation order, you will need to provide certain items of evidence to prove that the other party poses a threat to your safety and/or that of your child, including a written statement setting out:

What the other party has done, i.e. the actions or threats against you
Photographs
Medical records and reports
Police reports, and any
Abusive, threatening or harassing messages (e.g. emails and messages)

Non-molestation order rejections

There is always a risk that the application will be rejected by the family court. The most common reasons behind non-molestation order rejections are:

There is a lack of evidence of actual or threatened abuse
There is a lack of detail provided in the application and accompanying statement
The judge is not satisfied that there is a need to provide protection
There is evidence of lying to get a non-molestation order – also referred to as a ‘vexatious’ application
There is no immediate risk to the applicant
A large delay in seeking protection
An application that focuses on incidents in the distant past rather than recent events
Not following the correct process or submitting a poorly prepared application

If your non-molestation order has been rejected, it may still be possible to appeal the decision or re-apply. In this case, we recommend speaking to a family law solicitor who can advise you on the best next steps to take to ensure your protection and that of your child.

Can you extend a non-molestation order?

Yes, you can ask the family court to change, vary, or extend or discharge an existing non-molestation order. An extension may be necessary if there is an ongoing risk to you and/or your child from the other party. You can extend your non-molestation order by completing and submitting Form FL403 (‘Apply to change or set aside a non-molestation order or occupation order: Form FL403’).³ In the extension application, you will need to clearly set out why you have an ongoing need for protection.

How to contest a non-molestation order application

If you have been issued notice of a non-molestation order, you have 14 days to respond to the family court. It is always advisable to instruct a family law solicitor as soon as possible to prevent the issuing of a non-molestation order by a family court. Your solicitor will help you contest the application and prove that it is unfounded and unfair. Depending on the circumstances, your solicitor may recommend either challenging the application or agreeing to an undertaking (i.e. that you will not carry out certain actions towards the other party).

How to get a non-molestation order removed

If you have been issued with a non-molestation order by the court relating to a family member, partner, or person you have lived with, you can request that the order be removed. It is not uncommon for family courts to issue non-molestation orders based on false or misleading information about actions or threatened actions of another party. The order may have come out of the blue if the order was made ‘ex parte’ (i.e. without first giving you notice). If you find yourself in this situation, the first step is to engage the services of a family law solicitor who can support and guide you through the legal process. Your solicitor will then draft a detailed statement explaining the situation from your side, with accompanying evidence to back up your version of events. It is important to note that if the court has already imposed an interim non-molestation order, you must comply with the order.

On receipt of the statement, the court will then arrange a hearing, allowing you to explain your side and answer any questions the judge may have. If the judge is satisfied, they may discharge the non-molestation order. In some cases, it may be possible to provide an undertaking and discharge the order. The undertaking will set out how you will behave towards the applicant going forward. There is no court fee to contest a non-molestation order, however, you may need to pay legal fees if you seek the expertise of a family law solicitor.

Non-molestation order and child contact

Non-molestation orders do not automatically stop people from seeking contact with their children. If you are the subject of a non-molestation order, and you live in a different home to that of your child, you can still see your child as long as there are no specific restrictions on doing so. It is essential that you meet the terms of the non-molestation order at all times, and this includes any conditions relating to child contact. This is important because any breach of the non-molestation order may result in legal action being taken against you.

Where a non-molestation order prevents a parent from contacting their child, it is still possible to apply for a contact order from the family court. If granted, it may then be necessary to seek a change to the non-molestation order allowing contact with the child.

References

¹ GOV.UK: Form FL401

²GOV.UK: Form C8

³GOV.UK: Form FL403

What is a Non-molestation Order and How to Apply