A non-molestation order is a protective court order used to prevent an associated person, such as an ex-partner or family member, from using or threatening violence, harassing, intimidating or contacting the applicant. It protects the person making the application and any relevant children. If the subject breaches the order, this is a criminal offence that carries a maximum sentence of five years’ imprisonment.

 Here, the family law solicitors at Tyler Hoffman explain what protection a non-molestation order provides, who can apply and how to obtain immediate protection where the circumstances are urgent.

What is a non-molestation order?

 A non-molestation order is a civil injunction made under Part 4 of the Family Law Act 1996. The person seeking protection is known as the applicant, while the person named in the application is the respondent.

 The purpose of the order is to protect the applicant and their children from molestation by someone with whom they have a qualifying family or personal connection. Although the term “molestation” is used in the legislation, it is not limited to physical violence or sexual behaviour. It can include:

•  Using or threatening physical violence.

•  Harassment, intimidation or pestering.

•  Repeated unwanted calls or messages.

•  Following or approaching the applicant.

•  Contacting the applicant through another person.

•  Turning up at the applicant’s home or workplace.

•  Behaviour intended to cause fear, pressure or distress.

The family court will consider all the circumstances, including the need to protect the health, safety and wellbeing of the applicant and any relevant child. A person does not necessarily have to wait until physical harm has occurred. A protective order may be appropriate where threatening or escalating behaviour creates a genuine risk.

A family law solicitor will assess whether a non-molestation order is the right option in your circumstances, whether an occupation order is also needed, or if another form of protection may be more appropriate. Our team will then make sure the application is made on the correct legal basis and supported by the right evidence. This avoids delays, incomplete applications or restrictions that fail to address the risk, and ensures that any connected issues involving housing, divorce or child arrangements are dealt with properly.

What does a non-molestation order do?

 A non-molestation order prohibits the respondent from carrying out specified behaviour.

 The terms will be tailored to the risk faced by the applicant, rather than using restrictions that are unnecessarily broad or unclear.

The order will make clear what the named person is prohibited from doing. This allows the respondent to understand the restrictions and enables the police or court to identify whether a breach has occurred.

 A breach of a non-molestation order without reasonable excuse is a criminal offence. The applicant can report an alleged breach to the police, who may investigate and refer the matter for criminal proceedings. The maximum sentence following a criminal conviction is five years’ imprisonment. A breach can alternatively be dealt with as contempt of court, although the same conduct cannot be punished through both routes.

Who can apply for a non-molestation order?

 An applicant must usually be an “associated person” in relation to the respondent. This is a legal term covering particular family and personal relationships.

 You may be able to apply against:

•  A current or former husband, wife or civil partner.

•  A current or former fiancé, fiancée or proposed civil partner.

•  A current or former partner.

•  Someone with whom you live or previously lived.

•  A parent, sibling or other close family member.

•  The other parent of your child.

•  Someone with whom you share parental responsibility.

 The precise rules depend on the relationship between the parties. Someone under 16 must obtain permission from the High Court before making an application.

 As well as protecting the applicant, it can also protect dependents. Where domestic abuse allegations affect where a child lives or the contact they have with the other parent, separate child arrangements proceedings may also be required.

 A non-molestation application may also form part of a wider separation or divorce. In those circumstances, you should seek advice from a divorce solicitor to make sure that decisions about protection, children, housing and finances are considered together.

What evidence is needed?

Every non-molestation order application must be supported by a witness statement. The statement provides the family court with the evidence it needs to decide whether an order is necessary and what its terms should be.

The statement should explain:

• The relationship between the applicant and respondent. 

• A timeline of incidents that led to the decision to seek an order. 

• Any previous incidents that provide relevant context.

• The most recent behaviour. 

• Any threats, harassment, violence or unwanted contact.

• The effect on the applicant or a relevant child.

• Why protection is needed now.The restrictions the applicant is asking the court to impose.

 Where available, the applicant may also provide messages, emails, call records,  photographs, police information, medical records, social services documents or evidence  from a family member or other witness.

An applicant does not need to have every possible piece of supporting material before  seeking protection. However, the court must be given a clear, accurate and properly structured account. A family law solicitor will identify which evidence is relevant and make sure the application focuses on the behaviour and current risk the court needs to consider.

How to get a non-molestation order

To obtain a non-molestation order, the applicant must show that they are legally entitled  to apply and that the order is necessary to protect them or a relevant child.

 The process involves:

1.  Speak to the solicitors at Tyler Hoffman.

2.  Confirming that the applicant and respondent are associated persons.

3.  Identifying the behaviour that requires court protection.

4.  Deciding which restrictions should be requested.

5.  Completing form FL401.

6.  Preparing a supporting witness statement.

7.  Deciding whether to apply with or without notice.

8.  Filing the application with the family court.

9.  Attending any hearing directed by the judge.

10.  Arranging for the application or order to be personally served.

 If these steps are not completed properly, the application may be delayed or refused. We strongly recommend working with an experienced family law solicitor who can make sure the correct procedure is followed, the evidence is properly gathered and presented, and the court is asked for the right protection. Our non-molestation order solicitors will advise whether an occupation order should also be sought and whether the circumstances justify an urgent application without notice. We will also prepare the documents, deal with the court and represent you at every hearing.

What happens if the order is breached?

 

 any suspected breach should be reported to the police. If this happens, the applicant should preserve messages, screenshots, call records, photographs and details of any witnesses.

This is where the precise terms of the order are important. If the respondent is barred from asking people to pass on messages, or contacting the applicant via digital means, the breach may occur without them making direct contact.

This is why it is vital to have a solicitor who understands how to push the court to create clear, specific and relevant restrictions that match your personal circumstances. Carefully drafted terms make it easier for everyone to understand what is prohibited and, should a breach occur, give the police, prosecutors and criminal court a clearer basis on which to act.

How long does a non-molestation order last?

 There is no single period that applies to every non-molestation order. The family court decides how long the protection should remain in place based on the circumstances and the level of continuing risk.

 Such orders commonly last for six or 12 months, although the court may impose a longer period where appropriate. The order will state the date on which it expires.

If protection is still needed, an application can be made to vary or extend the order. The application must be made while the existing order remains in force. Your solicitor will collate updated evidence to explain what has happened since the original order and why continued or different protection is required.

 The respondent also has the right to apply to vary or discharge an order. Should this happen, your family lawyer will advise on how to respond to any proposed change in terms.

How much does a non-molestation order cost?

 There is no court fee for making a non-molestation order application.

Solicitors’ costs are separate and will depend on the urgency of the case, the amount of evidence, whether the application is contested and the number of hearings required. Tyler Hoffman offers a free initial consultation and will explain the likely costs before work begins.

Legal aid may be available where the applicant cannot afford legal representation and can provide the required evidence of domestic abuse. Evidence can come from the police, courts, social services, medical professionals, a refuge, a domestic abuse support service or other approved sources. An applicant does not need to obtain all of this evidence before first speaking to a solicitor, although it will be needed before legal aid can be confirmed.

How can Tyler Hoffman help with a non-molestation application?

A non-molestation application involves more than completing the correct form. The court needs a clear account of the behaviour, the current risk and the protection required.

The family law team at Tyler Hoffman will:

 Confirm whether you are eligible to apply.

 Advise whether a non-molestation order, occupation order or another protective order is appropriate.

 Identify whether a relevant child also needs protection.

•  Prepare the necessary forms.
•  Draft and organise the supporting witness statement.
•  Review messages, photographs, medical records and police information.
•  Apply without notice where immediate protection is required.
•  Take steps to keep your address and contact information confidential.
•  Represent you at the first hearing and any return hearing.
•  Respond to evidence filed by the other party.
•  Arrange for the application and order to be personally served.
•  Advise you on reporting and recording a breach.
•  Apply to vary or extend an existing order.
•  Deal with related divorce or child arrangements proceedings.
•  Explain your legal aid and private funding options.

A poorly prepared application may leave out important incidents, fail to explain an immediate risk or request terms that do not properly deal with the behaviour involved. Early advice allows us to organise the evidence, present the circumstances clearly and place the strongest available application before the judge.

Where the respondent contests the application, we can prepare the case for a further hearing, test their evidence and ensure the court has the information needed to decide whether the protective order should remain in force.