For many people, the home should be a place of safety. Yet, when that space becomes one of fear, control, or intimidation, the impact can be devastating. Domestic abuse is not always visible – it can take the form of threats, harassment, stalking, or relentless contact that leaves someone feeling powerless. In these moments, a non-molestation order can provide a crucial lifeline.
At Waely Law, we recognise that applying for this type of order is not an easy decision. It is often a step taken in the midst of crisis, at a time when emotions are running high and safety feels uncertain. But it is also an act of courage, an assertion of the right to live free from abuse.
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What Is a Non-Molestation Order?
A non-molestation order is an injunction under the Family Law Act 1996. It prohibits someone – typically a partner, ex-partner, or family member – from using or threatening violence, harassing, pestering, intimidating, stalking, or otherwise causing harm. Courts have interpreted the term “molestation” broadly, recognising that abuse is not limited to physical violence. Emotional, psychological, and even digital abuse can be grounds for seeking protection¹².
These orders are legally enforceable. Breaching one is a criminal offence, meaning the police can arrest immediately without a warrant³. This gives them a seriousness that other informal protections – like “undertakings” or police bail conditions – often lack.
Why Someone Might Seek a Non-Molestation Order
People turn to non-molestation orders in a wide variety of circumstances, but the motivations are often similar:
– Ongoing abuse: When harassment, intimidation, or violence becomes too much to endure.
– Separation or divorce: When leaving a relationship triggers stalking, unwanted contact, or threats.
– Protecting children: When children are at risk of witnessing or experiencing harm.
– Psychological wellbeing: When even non-violent behaviour, such as constant messages or monitoring, is impacting health and safety.
In our experience, the decision to seek an order often comes after a long period of coping in silence. Many clients describe a tipping point: a moment when they realise that enough is enough. The order becomes not just a legal tool, but a statement of boundaries and a first step towards freedom.
How to Apply for a Non-Molestation Order
Applications are made using Form FL401, supported by a written statement detailing the history of abuse and the reasons protection is needed. Evidence can be wide-ranging and may include:
– Photographs of injuries or property damage.
– Screenshots of texts, calls, or emails.
– A written log of incidents with dates and times.
– Witness statements from family, neighbours, or professionals.
– Police or medical reports.
At Waely Law, we help clients prepare strong applications that clearly set out the risks they face. In urgent cases, the court can grant an ex parte order (without the other party being present), usually within 24 hours, offering immediate protection until a full hearing is held⁴.
Frequently Asked Questions
Non Molestation Orders FAQ
What behaviour is covered?
The order is not limited to physical violence. It covers a wide spectrum of behaviours: harassment, intimidation, stalking, online abuse, unwanted contact, threats, and persistent interference. In short, if the behaviour causes distress or harm, it may be considered “molestation”².
How long does an order last?
Most orders are granted for six to twelve months, though they can be renewed if the risk remains. In some cases, courts have extended protection for years where the threat is ongoing⁵.
What happens if the order is breached?
Breaching a non-molestation order is a criminal offence. Police can arrest immediately. The respondent may face fines, imprisonment, or both³. This enforcement power is what makes the order such an important protective measure.
How quickly can protection be secured?
In emergencies, protection can be granted the same day through an ex parte order. A full hearing will then follow within a few weeks, where the respondent has the opportunity to respond⁴.
What evidence is needed?
While a clear, detailed witness statement is the foundation of the application, supporting evidence strengthens the case. Many successful applications include photos, texts, call records, witness statements, or police logs⁶.
Can the respondent challenge the order?
Yes. The respondent can apply to discharge the order, usually within 14 days of its being made. This is why it is vital to have a well-prepared case from the outset⁵.
Are there alternatives?
Other options include:
– Undertakings – a promise to the court, but without criminal enforcement.
– Restraining orders – granted after criminal proceedings.
– Police bail conditions – temporary restrictions but not long-term protection.
While these alternatives can be helpful in some cases, they rarely offer the same security as a non-molestation order².
Key Areas of Concern About Non-Molestation Orders
While non-molestation orders are a powerful protective tool, clients often have very specific concerns about how they work in practice. Below, we address some of the most common areas of interest:
Effectiveness
The central question many ask is: “Will this really keep me safe?” Non-molestation orders provide a strong deterrent, but like any legal remedy, their impact depends on enforcement. If breached, police must treat it as a criminal offence. However, campaigners have raised concerns about inconsistent enforcement across the country⁷. At Waely Law, we advise clients to report every breach to ensure a record is kept and action is taken.
Access and Speed of Process
Access to protection is vital in emergencies. The law allows for ex parte applications, meaning an order can be made the same day without the abuser present. This can be life-saving in urgent cases⁴. For non-urgent applications, the process may take longer, but with clear evidence, protection is often granted swiftly.
Coverage and Scope
Clients are often surprised at how widely “molestation” is defined. It includes not only physical violence, but also harassment, stalking, intimidation, online abuse, and unwanted contact¹². This breadth ensures protection against many forms of harm, not just physical assault.
Evidence Requirements
Strong evidence supports a strong application. Courts will consider your own statement, but additional proof – such as messages, photographs, or witness statements – can make the order more secure⁶. We encourage clients to keep a diary of incidents, no matter how small they may seem, to demonstrate a pattern of behaviour.
Hearing Procedures
After an emergency order is granted, a return hearing is usually scheduled within weeks. The respondent can attend and contest the order. This can feel intimidating, but legal representation ensures your voice is heard and your evidence is presented clearly. If no emergency order is in place, the hearing is your first opportunity to put forward your case.
Duration and Renewal
Orders are usually granted for six to twelve months, but may be extended if the threat continues. In some cases, courts have renewed them multiple times, offering protection for several years⁵. At Waely Law, we review ongoing risk with our clients and support renewal applications where needed.
Enforcement and Breaches
If breached, the order has immediate consequences. Police have the power to arrest without a warrant, and the respondent may face prison or fines³. To ensure accountability, it is essential that breaches are reported and recorded.
Alternatives
While alternatives exist – such as undertakings (a promise to the court), restraining orders (linked to criminal proceedings), or police bail conditions – these often lack the same level of enforcement as a non-molestation order². We usually recommend considering these only where appropriate, or in addition to a non-molestation order.
Pathways to Protection
Depending on circumstances, the right legal pathway may differ. Here are some common scenarios:
Immediate danger: Apply for an ex parte emergency order. Call the police and secure urgent legal advice.
Ongoing harassment without violence: Keep records, gather evidence, and apply for a non-molestation order with full details.
Children at risk: Apply for a non-molestation order alongside a Child Arrangements Order, Prohibited Steps Order, or Specific Issue Order.
Financial abuse alongside harassment: Consider combining with Freezing Orders or Registering Home Rights.
Separation or divorce context: Protect yourself during proceedings with an order alongside Divorce, Judicial Separation, or Financial Proceedings.
Protection and Empowerment
A non-molestation order is more than a piece of paper. For many, it is a turning point: the moment when fear gives way to action. It is a tool that empowers individuals to draw a clear line against abuse and to reclaim their lives.
At Waely Law, we are committed to walking this path alongside you. From the first call to the final order, we provide compassionate guidance and strong advocacy. If you believe you may need this protection, reach out to us. You do not have to face this alone.
Related Articles
References
¹ GOV.UK – Eligibility for Non-Molestation Orders
² Blanchards Law – Ultimate Guide to Non-Molestation Orders
³ InCourt – Facts About Non-Molestation Orders
⁴ JustAnswer – Process for Applying
⁵ InCourt – Challenging Non-Molestation Orders
⁶ Affordable Justice – Limitations of Non-Molestation Orders
⁷ The Times – Jess Phillips Criticism of Orders