Non-Molestation Order UK - Protection from Domestic Abuse

A non-molestation order is one of the most important legal protections available to anyone experiencing domestic abuse in England and Wales. It is a type of injunction made by the family court that forbids an abuser from using or threatening violence, harassing, intimidating, pestering or otherwise molesting the person the order protects. This guide explains, in plain English, how non-molestation orders work under the Family Law Act 1996, who can apply, what evidence you need, how the court process runs in 2026, and what happens if the order is breached.

If you are in immediate danger, always call 999 first. If you cannot speak, dial 999 and then press 55 on a mobile to alert the police through the Silent Solution system. This article is general legal information, not advice on your individual situation. For tailored advice, speak to a family law solicitor.

What is a non-molestation order?

A non-molestation order is a civil injunction granted under section 42 of the Family Law Act 1996. Its purpose is to protect you, and any relevant children, from abuse or harassment by someone you are personally connected to. The word "molestation" is deliberately broad. It covers far more than physical violence and can include behaviour such as:

• Using or threatening physical violence
• Intimidation, harassment or pestering
• Abusive phone calls, texts, emails or messages on social media
• Coming to or watching your home or workplace
• Following you or turning up where you are
• Encouraging or instructing another person to do any of these things

The order sets out clear rules the respondent (the person the order is made against) must follow. A well-drafted order is specific: it can prohibit particular behaviours, name particular people who must be protected, and can include a "zonal" restriction preventing the respondent from coming within a set distance of your home, work or your children's school.

How a non-molestation order differs from an occupation order

People often confuse the two injunctions available under the Family Law Act 1996. A non-molestation order controls a person's behaviour. An occupation order controls who can live in, or enter, the family home. An occupation order can, for example, require an abuser to move out of the property, keep them a set distance away, or allow you to return to a home you have left. The two orders are frequently applied for together, but they are governed by different tests and an occupation order is generally harder to obtain because it interferes with property and housing rights. A solicitor can advise which order, or combination, fits your circumstances.

Who can apply for a non-molestation order?

You can apply if you are an "associated person" in relation to the respondent. This is a legal category defined in section 62 of the Family Law Act 1996 and it is wider than many people expect. You are generally associated with someone if you:

• Are or were married, in a civil partnership, or engaged to them
• Are or were cohabiting or living together (including same-sex partners)
• Are or were in an intimate personal relationship of significant duration
• Are relatives (for example a parent, child, sibling, or in-law)
• Share, or have shared, a household (other than as a tenant, lodger or employee)
• Are the parents of the same child, or have parental responsibility for the same child
• Are parties to the same family court proceedings

You do not need to have suffered physical violence to apply. Emotional, psychological, sexual, economic and coercive or controlling abuse are all recognised. The Domestic Abuse Act 2021 put a statutory definition of domestic abuse into law, which expressly includes controlling or coercive behaviour, economic abuse and psychological abuse between people aged 16 or over who are personally connected. This modern definition is central to how the family courts now approach these applications.

Applying on behalf of a child

The family court can make orders that protect children as well as adults. A parent can seek protection that names their children, and in limited circumstances an application can be made for a child's protection. If children are involved, the court's overriding concern is their welfare, and the presence of children in an abusive household is a significant factor the court will weigh.

What behaviour justifies an order?

When deciding whether to make a non-molestation order, the court must consider all the circumstances, including the need to secure the health, safety and wellbeing of the applicant and any relevant child. "Health" here includes both physical and mental health. There is no fixed checklist of qualifying incidents; the court looks at the overall pattern of behaviour and the risk going forward.

Strong applications usually document a clear course of conduct rather than a single ambiguous event, though a single serious incident can be enough. Examples of evidence that helps the court understand the risk include:

• A detailed personal statement setting out what has happened, with dates where possible
• Copies of threatening or abusive texts, emails, voicemails or social media messages
• Photographs of injuries or property damage
• Police reports, crime reference numbers or details of 999 calls
• Medical or GP records relating to injuries or the impact on your mental health
• Records from a refuge, support worker or domestic abuse charity
• Statements from witnesses such as friends, family or neighbours

How to apply: the court process step by step

Applications are made to the family court. You can apply yourself as a litigant in person, but because the outcome can significantly affect your safety, most people benefit from having a solicitor prepare the paperwork and, where needed, instruct a barrister for any hearing.

1. Complete the application form. The application is made on court form FL401, supported by a sworn or affirmed witness statement setting out the facts you rely on.
2. File the application with the court. There is no court fee to apply for a non-molestation order. This is one of the few family court applications that is free, which removes a common barrier for people seeking protection.
3. The court considers whether the matter is urgent. If there is a risk of significant harm, the court can deal with the application "without notice" (see below). Otherwise it will list a hearing and the respondent will be given notice.
4. Serve the papers on the respondent. If an order is made, the respondent must be personally served with the order and supporting documents so they know exactly what they must not do. A process server or the court can assist.
5. Attend the hearing. At a hearing both sides can put their case. The respondent may agree to the order, offer an undertaking, or contest it, in which case the court may need to hear evidence.

Without-notice (emergency) orders

Where there is a real and immediate risk, the court can make a non-molestation order without notice to the respondent (sometimes called an "ex parte" order). This means an order can be put in place quickly, sometimes on the same day or within a day or two, before the respondent even knows an application has been made. The court must be satisfied it is just and convenient to do so, taking into account the risk of harm if the order is not made immediately.

A without-notice order is not the end of the process. The court will always list a further hearing, usually within a short period, at which the respondent can attend and respond. The order remains in force in the meantime. Processing times vary between courts, so ask your solicitor or the court office for realistic timescales for your area.

Undertakings instead of an order

Sometimes a respondent offers an undertaking, which is a formal promise to the court to behave in a particular way, given without any admission that the allegations are true. Breaking an undertaking is a contempt of court. However, the court cannot attach a power of arrest to an undertaking, and the court will not accept an undertaking where it appears violence has been used or threatened and a non-molestation order with the protection of the criminal law is needed instead. Whether to accept an undertaking is an important decision and you should take advice before agreeing to one.

How long does a non-molestation order last?

A non-molestation order can be made for a specified period or until a further order is made. Orders are commonly made for a set number of months (for example six or twelve months), but the length depends entirely on the facts and the level of ongoing risk. If you need protection to continue, you can apply to extend the order before it expires. Either party can also apply to vary or discharge the order if circumstances change.

What happens if the order is breached?

This is where a non-molestation order has real teeth. Since changes made by the Domestic Violence, Crime and Victims Act 2004, breaching a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996. A respondent who breaches the order without reasonable excuse can be arrested by the police and prosecuted in the criminal courts. On conviction, the maximum sentence is five years' imprisonment.

If a breach happens, you can:

• Call 999 and report the breach to the police, who can arrest the respondent
• Keep evidence of the breach, such as messages, photographs or witness details
• Alternatively, ask the family court to deal with the breach as a contempt of court, though most people report breaches to the police

Because breach carries criminal consequences, a non-molestation order sends a clear message and gives the police a direct power to act. This is a key reason the order is such an effective protection.

Legal aid and funding

Legal aid remains available for family injunction cases involving domestic abuse, and it is one of the areas Parliament chose to keep within scope. Eligibility is subject to a means test (based on your income and capital) and a merits test. Because the thresholds and financial limits change over time, do not rely on old figures. Check the current eligibility rules and use the calculator on gov.uk, or ask a solicitor who offers legal aid to assess whether you qualify.

If you do not qualify for legal aid, options include paying privately or, in some cases, seeking a costs order against the respondent. A solicitor can explain the likely costs of your specific case at the outset so there are no surprises.

How MCR Solicitors can help

The family law team at MCR Solicitors in Manchester has extensive experience helping people obtain non-molestation orders and occupation orders quickly and sensitively. We can:

• Assess your situation confidentially and advise on the right order for you
• Prepare your application and witness statement to the standard the court expects
• Apply for an urgent without-notice order where there is immediate risk
• Represent you at every hearing and arrange service on the respondent
• Advise on legal aid eligibility and funding options
• Help you enforce the order if it is breached

You do not have to face this alone, and acting early gives you the strongest protection. To speak to a family law solicitor in confidence, call MCR Solicitors on 0161 466 1280. We will explain your options clearly and, where the situation is urgent, act fast to keep you safe.

Frequently asked questions

How much does a non-molestation order cost?

There is no court fee to apply for a non-molestation order in England and Wales, so the application itself is free. You may still have legal costs if you instruct a solicitor, but you may be eligible for legal aid because of the domestic abuse involved. Check current legal aid eligibility on gov.uk or ask a solicitor to assess you.

How quickly can I get a non-molestation order?

In urgent cases where there is a real risk of harm, the court can make a without-notice (emergency) order very quickly, sometimes on the same day or within a day or two. A further hearing is then listed so the respondent can respond. Timescales vary between courts, so ask your solicitor or the court for a realistic estimate for your area.

Do I need evidence of physical violence to apply?

No. Domestic abuse includes emotional, psychological, sexual, economic and coercive or controlling behaviour, not just physical violence. The Domestic Abuse Act 2021 recognises all of these. The court considers the whole picture and the need to protect your health, safety and wellbeing.

What happens if my ex breaches the order?

Breaching a non-molestation order is a criminal offence. You can call 999 and the police can arrest the respondent, who may then be prosecuted. The maximum sentence on conviction is five years' imprisonment. Keep any evidence of the breach, such as messages or photographs.

Can I apply against someone I was never married to?

Yes. You can apply against anyone you are an "associated person" with. This includes former partners you lived with, people you were in an intimate relationship with, relatives, and the other parent of your child, among others. You do not need to have been married or in a civil partnership.

How long does a non-molestation order last?

An order can be made for a fixed period or until a further order is made. Fixed-term orders are often granted for several months to a year, depending on the risk. You can apply to extend the order before it expires if you still need protection, and either party can apply to vary or discharge it if circumstances change.

Need urgent protection or advice? Call MCR Solicitors on 0161 466 1280 to speak to an experienced family law solicitor in Manchester.