A non-molestation order is a legal pathway for individuals in England and Wales to keep themselves safe from another family member. If they or their children are being harassed, pestered or have suffered from physical violence, a non-molestation order can help ease the situation.
At St Helens Law, our family law team have handled many domestic violence cases, helping people in need acquire a non-molestation order to keep them and their children safe.
Continue reading this in-depth guide to find out more about non-molestation orders and how you can apply for one.
What is a non-molestation order?
A non-molestation order is a type of injunction issued by a family court in England and Wales. It prohibits a person from harassing, pestering, or using violence against another person or their children.
The order can also ban the respondent from contacting you directly or indirectly, or coming near your place of work or home.
So, how does it work? The non-molestation order is applied for through the family court under the Family Law Act 1996. It can be granted without the other party present in some urgent cases. They typically last between 6 and 12 months, but can be extended if needed.
If the respondent breaches the order, this is classed as a criminal offence and can carry up to five years in prison.
Who can apply for a non-molestation order?
Under the Family Law Act 1996, a person can apply for a non-molestation order if they’re associated with the respondent. This covers a wide range of relationships, such as spouses and civil partners, cohabitants (living together as a couple), parents and children, and siblings and other relatives.
Children can be named in an order for their own protection, and a parent or guardian can apply on their behalf. In some cases, the family court can make an order of its own motion.
In some cases, a third party (like a local authority) can apply on someone else’s behalf if that person lacks the capacity to apply themselves.
Grounds for a non-molestation order
To obtain a non-molestation order, the family court must be satisfied that the order is necessary for the protection of an individual or of a relevant child.
When a non-molestation order is applied for, the court will consider:
- The nature and history of the accused’s behaviour
- The impact on the applicant and their children
- Whether the behaviour is likely to continue or escalate
- The need for protection moving forward
While there is no strict legal definition, the court interprets molestation broadly. It can include:
- Physical violence or threats of violence
- Harassment or intimidation
- Pestering (repeated unwanted calls and/or messages)
- Stalking
- Damaging property
- Psychological or emotional abuse
- Coercive or controlling behaviour
- Threatening or abusive behaviour via social media
How to apply for a non-molestation order
Applications for a non-molestation order are made to the family court under the Family Law Act 1996. The applicant files a Form FL401 along with a supporting witness statement setting out the history of behaviour and why the order is required.
The court will then decide whether to list a hearing or, in urgent cases, deal with the application immediately.
There are also a couple of different ways to apply for a non-molestation order.
Without notice applications (ex parte)
A without notice application – ex parte – is made without informing the respondent. The court can grant an order the same day, sometimes within hours.
This type of application is used when there is an immediate risk of harm or a risk that the respondent will evade service.
If granted, a return hearing is then listed. This is usually within 14 days, and gives the respondent a chance to attend and challenge the order.
The applicant must give full and frank disclosure to the court for without notice applications, including anything that may favour the respondent.
Applying with a solicitor vs applying yourself
You can apply for a non-molestation order either with the help of a solicitor or without.
When applying with a solicitor, they will:
- Advise on the strength of the application and whether the threshold is met
- Draft the FL401 and witness statement
- File the application and liaise with the court
- Represent the applicant at any hearings
- Advise on related matters such as occupation order or child arrangements
You can also apply without a solicitor. The process involves:
- Obtaining and completing Form FL401 (available from court or gov.uk)
- Writing a supporting witness statement
- Filing the forms at the local family court (in person or by post; some courts accept email)
- Attending any hearings without legal representation
How long does a non-molestation order last?
A non-molestation order can be made for a specified period or until further order of the court. In practice, most orders are made for 12 months.
The family court can grant shorter or longer periods depending on the circumstances, and there is no maximum statutory duration.
Either party can apply to the court to vary or discharge the order before it expires. The applicant can also apply to extend it by filing a further application.
The court can make an order ‘until further order’, which means it has no fixed end date and remains in force unless one party applies to have it varied or discharged. This is common in cases involving serious or prolonged abuse.
What happens when the order is served?
Once granted, the order must be served on the respondent before it becomes enforceable. Until service takes place, the respondent cannot be held in breach.
The court will serve the order by personal service, which means it’s handed directly to the respondent by a court bailiff or process server. A solicitor acting for the applicant can also arrange a personal service.
The respondent must be given a copy of the full order, including any power of arrest attached. The proof of service is then filed with the court. This is usually a certificate or statement confirming the delivery.
Power of arrest
If the court includes a power of arrest in the order, a copy is sent to the relevant police station. This means the police can arrest the respondent without a warrant if they have reasonable cause to believe the order has been breached.
Once arrested, the person must be brought before a judge within 24 hours.
Breaching a non-molestation order
A breach of a non-molestation order is a criminal offence under s.42A Family Law Act 1996. The respondent can face a range of punishments, including:
- Arrest
- Prosecution in the criminal courts
- Up to five years’ imprisonment and/or an unlimited fine
Alternatively, the applicant can apply to the family court to commit the respondent for contempt of court.
Non-molestation order vs occupation order vs restraining order
While non-molestation orders, occupation orders and restraining orders can all be used to protect victims of abuse or harassment, they serve different purposes and are obtained through different routes.
The table below sets out the key differences.
| Non-molestation order | Occupation order | Restraining order | |
| Pros | Victim applies directly | Can remove the abuser from the home | No relationship required |
| Legal aid available | Legal aid available | Can be made indefinitely | |
| Same-day without notice order possible | Can be granted without notice | Made as part of criminal proceedings, no separate application required | |
| Breach is a criminal offence | Can be combined with a non-molestation order | Breach is a criminal offence | |
| Covers wide range of behaviour, including online abuse | Protects the victim’s right to remain in the home | Can be made even on acquittal | |
| Cons | Only available against associated persons | Only available where there is a property connection | Victim cannot apply directly |
| Does not resolve living arrangements | Breach not automatically a criminal offence | Dependent on police and CPS taking action | |
| Respondent must be served before enforceable | Courts apply a stricter test and are more reluctant to grant | Victim influences terms | |
| Return hearing gives respondent opportunity to challenge | Shorter default duration | Not available as a standalone civil remedy |
How much does a non-molestation order cost?
Applying for a non-molestation order is free. There is no court fee for filing the application.
The cost only comes into play when solicitors are hired. For those who choose to instruct a solicitor privately, costs can vary depending on:
- The case’s complexity
- Whether the application is contested
- The solicitor’s hourly rate and location
An uncontested application handled by a solicitor may cost from £1000. A contested application can cost more, potentially starting from around £3000.
Legal aid
Legal aid is available for non-molestation orders, regardless of the applicant’s income. This is one of the few areas of family law where the usual means and merits tests do not apply in the standard way.
Where legal aid is granted, the applicant pays nothing or very little for legal representation.
Talk to St Helens Law’s family law team
If you or your children need protection from harassment, abuse, or unwanted contact, St Helens Law’s family law team is here to help. We can advise you on whether a non-molestation order is the right step, guide you through the application process, and represent you in court.
We offer a free initial consultation so you can get clear, honest advice with no obligation. Legal aid is available for most non-molestation order applications, meaning cost doesn’t need to be a barrier.
Call us today on 01744 385171 or enquire online to speak to a member of our family law team.