Can I Get a Non-Molestation Order for Emotional Abuse or Coercive Control?

When people think of domestic abuse, they often think of physical violence. However, abuse does not always leave visible injuries. Emotional abuse, controlling behaviour and coercive control can be just as damaging, leaving victims feeling frightened, isolated and unable to make their own decisions.

One of the most common questions we are asked is whether someone can obtain a Non-Molestation Order when their partner or former partner has never physically assaulted them.

The short answer is yes. You do not have to experience physical violence to apply for a Non-Molestation Order.

In this blog, we explain what emotional abuse and coercive control are, when you may be able to obtain a Non-Molestation Order and how the Court can help protect you.

What is a Non-Molestation Order?

A Non-Molestation Order is a type of injunction made by the Family Court under the Family Law Act 1996. It is designed to protect individuals and, where appropriate, their children from abusive, threatening or harassing behaviour.

Depending on the circumstances, a Non-Molestation Order can prohibit someone from:

• Threatening, intimidating or harassing you.
• Contacting you directly or indirectly, including by telephone, text message or social media.
• Attending your home or workplace.
• Encouraging another person to contact or harass you on their behalf.
• Engaging in other specified forms of abusive behaviour.

The terms of the Order will depend on your individual circumstances and the protection the Court considers necessary.

Importantly, a Non-Molestation Order is not limited to situations involving physical violence.

If you would like to understand more about how these Orders work, including who can apply and how long they last, you can read our blog: What Is a Non-Molestation Order? Everything You Need to Know.

What is emotional abuse?

Emotional abuse can take many different forms and is not always easy to recognise, particularly when it has become part of your everyday relationship.

Examples of emotional abuse may include:

• Constant criticism, humiliation or belittling.
• Making you feel frightened or intimidated.
• Repeatedly blaming you for everything that goes wrong.
• Isolating you from your friends and family.
• Monitoring your communications or movements.
• Threatening to harm themselves to manipulate your behaviour.
• Repeated unwanted contact following the breakdown of a relationship.

Emotional abuse can have a significant impact on a person's confidence, independence and mental wellbeing.

You do not need to wait until someone physically hurts you before seeking legal advice about protecting yourself.

What is coercive control?

Coercive control is a pattern of behaviour used by one person to exert power and control over another.

It can be difficult to identify because the behaviour may develop gradually over time.

For example, your partner or former partner may:

• Control who you can see or speak to.
• Restrict your access to money or prevent you from working.
• Demand access to your telephone, emails or social media accounts.
• Monitor where you go and who you spend time with.
• Make threats about your children if you do not do what they want.
• Control what you wear or how you behave.
• Make you feel as though you need permission to make everyday decisions.

Coercive control is recognised as a form of domestic abuse under the Domestic Abuse Act 2021 and can also amount to a criminal offence.

You may be experiencing coercive control even if your partner has never physically assaulted you.

Can I get a Non-Molestation Order if there has been no physical violence?

Yes. The Court recognises that domestic abuse can take many forms, including emotional and psychological abuse.

When considering whether to make a Non-Molestation Order, the Court will look at the circumstances of your case, including the need to protect your health, safety and wellbeing, as well as that of any relevant children.

This means repeated intimidation, threats, harassment, or controlling behaviour may provide grounds for an application, even without physical violence.

However, the Court does not automatically grant a Non-Molestation Order simply because someone has behaved unpleasantly or a relationship has broken down badly. The Court must consider whether the circumstances justify making an order to protect you.

What if I am still living with the person abusing me?

If you are experiencing emotional abuse or coercive control and are still living with your partner or former partner, you may understandably be worried about what will happen if you take legal action.

In some circumstances, you may also be able to apply for an Occupation Order.

An Occupation Order can regulate who can live in the family home and, where appropriate, require someone to leave the property.

A Non-Molestation Order and an Occupation Order serve different purposes, although it may be appropriate to apply for both.

You can find out more in our blog: Can My Ex Make Me Leave the Family Home? Occupation Orders Explained.

Can a Non-Molestation Order protect my children from emotional abuse?

Yes. In appropriate circumstances, a Non-Molestation Order can also protect children from abusive or threatening behaviour.

It is important to remember that children do not have to be directly subjected to domestic abuse to be affected by it. Witnessing emotional abuse, intimidation or coercive control between parents can have a significant impact on their wellbeing.

If you are concerned about how your partner's or former partner's behaviour is affecting your children, other options may be available to protect them.

We explain this further in our blog: How Can I Protect My Children From Domestic Abuse?.

What evidence do I need?

One concern people often have is that they do not have enough evidence to prove what has been happening.

Emotional abuse and coercive control often take place behind closed doors, meaning there may be no independent witnesses.

Evidence which may help support your application includes:

• Text messages, emails or social media messages containing threats or intimidation.
• Records of repeated unwanted telephone calls or contact.
• Police reports or incident numbers.
• Medical records showing the impact the behaviour has had on your wellbeing.
• Statements from friends, family members or other witnesses.
• A written record of incidents, including dates and details of what happened.

You do not necessarily need all of these documents to make an application. Your own witness statement is an important part of the evidence, and the Court will consider the circumstances of your individual case.

Can I apply for a Non-Molestation Order urgently?

Yes. In certain circumstances, you can apply for a Non-Molestation Order without notifying the other person beforehand. This is called a without-notice application.

The Court may consider this appropriate where there is an immediate risk of significant harm or where notifying the other person could place you at further risk.

If an Order is made without notice, the Court will usually arrange a further hearing to give the other person an opportunity to respond.

There is no Court fee for applying for a Non-Molestation Order.

What happens if someone breaches a Non-Molestation Order?

Breaching a Non-Molestation Order without reasonable excuse is a criminal offence.

If the person subject to the Order breaches its terms, they may be arrested and prosecuted. A criminal conviction can result in a fine or imprisonment.

It is therefore important that both parties understand the terms of the Order and what behaviour is prohibited.

How can Harrington Family Law help?

At Harrington Family Law, we understand that experiencing emotional abuse or coercive control can be incredibly difficult, particularly when children are involved.

We also appreciate that taking legal action against a partner or former partner can feel overwhelming.

Our experienced family law solicitors can advise you on whether a Non-Molestation Order may be appropriate, explain the evidence you may need and assist you throughout the application process.

You do not have to wait until emotional abuse becomes physical violence before seeking legal advice.

If you are concerned about the behaviour of your partner or former partner, contact Harrington Family Law to arrange a free 30-minute initial consultation and discuss your options.

If you are in immediate danger, call 999.