What Is a Non-Molestation Order? Your Most Common Questions Answered

If you are experiencing domestic abuse, harassment, threats or intimidating behaviour from a partner, former partner or family member, you may be able to apply to the Family Court for a Non-Molestation Order.

But what does a Non-Molestation Order actually do? Who can apply for one? And what happens if the order is breached?

We answer some of the most common questions below.

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 you, and in some circumstances your children, from abuse, harassment, threats or other forms of molestation by someone you are associated with.

Despite the name, a Non-Molestation Order is not limited to physical violence. It can also provide protection from threatening, intimidating, harassing or abusive behaviour.

Who can I get a Non-Molestation Order against?

You must be legally classed as an “associated person” with the person you are seeking protection from.

This can include:

• a current or former spouse or civil partner;
• a current or former partner;
• someone you have lived with;
• the other parent of your child;
• certain relatives; and
• in some circumstances, someone with whom you have had an intimate personal relationship.

You do not necessarily need to have lived with the other person to be able to apply.

What can a Non-Molestation Order prevent?

The exact terms of an order will depend upon the circumstances of your case.

For example, the court can prohibit someone from:

• using or threatening violence against you;
• harassing, intimidating or pestering you;
• contacting you directly or indirectly;
• attending your home or coming within a specified distance of it;
• encouraging somebody else to contact or harass you; or
• behaving in a particular way towards your children.

The order can be tailored to provide the protection the court considers necessary.

Does there have to be physical violence?

No.

Domestic abuse can take many different forms. The court can consider allegations of emotional or psychological abuse, controlling or coercive behaviour, harassment, intimidation and threats, as well as physical or sexual abuse.

You therefore do not necessarily have to wait until somebody physically harms you before seeking legal advice about obtaining protection.

Do I need evidence?

The court will need to understand what has happened and why you say an order is necessary.

Evidence can be helpful and may include police reports, text messages, emails, photographs, medical evidence or evidence from third parties.

However, not having extensive documentary evidence does not automatically prevent you from making an application. Your own written evidence about what has happened will also be considered by the court.

Can I apply without telling the other person first?

In certain circumstances, yes.

The court can make a Non-Molestation Order without notice, meaning the other person is not told about the application before the initial order is made.

This may be appropriate where, for example, there is an immediate risk of harm or there is concern that giving advance warning could place you at further risk.

The court will usually then arrange a further hearing at which the other person has an opportunity to respond.

How long does a Non-Molestation Order last?

There is no single fixed duration. The court will decide how long the order should remain in place based upon the circumstances of the case.

Non-Molestation Orders are commonly made for a specified period, such as 6 or 12 months, although they can be made for a different period where appropriate.

What happens if someone breaches a Non-Molestation Order?

Breaching a Non-Molestation Order is a criminal offence.

If the person knowingly breaches the order without a reasonable excuse, they can be arrested and prosecuted.

If you believe an order has been breached and you are in immediate danger, you should contact the police.

Is a Non-Molestation Order the same as an Occupation Order?

No. Although applications for the two orders are sometimes made together, they serve different purposes.

A Non-Molestation Order is primarily concerned with protecting a person from abusive, threatening or harassing behaviour.

An Occupation Order deals with who can live in, enter or occupy the family home. In some circumstances, an Occupation Order can require someone to leave the property or prevent them from returning to it.

You may therefore require one or both orders depending upon your circumstances.

Do I have to pay a court fee?

There is no court fee for making an application for a Non-Molestation Order.

There may, however, be legal costs if you instruct a solicitor to advise or represent you.

Depending upon your circumstances, you may also be eligible for Legal Aid.

Can a Non-Molestation Order protect my children?

Yes. Where appropriate, children can be included within the protection provided by a Non-Molestation Order.

If there are also concerns about arrangements for your children, separate applications under the Children Act 1989 may need to be considered.

How do I apply for a Non-Molestation Order?

An application is usually made to the Family Court using Form FL401, together with a witness statement explaining what has happened and why protection is required.

If the situation is urgent, an application can potentially be made urgently and without notice to the other person.

Do I need a solicitor?

You can make an application yourself, but applications involving domestic abuse can understandably be difficult and stressful.

A family law solicitor can advise you about whether a Non-Molestation Order is appropriate, prepare the application and supporting evidence, and represent you at court.

Need advice about a Non-Molestation Order?

If you are experiencing domestic abuse, harassment, threatening behaviour or intimidation and are unsure what protection is available, Harrington Family Law can help.

Our family law solicitors can advise you about Non-Molestation Orders, Occupation Orders and other steps that may be available to protect you and your children.

Contact Harrington Family Law today to discuss your circumstances and the options available to you.

If you or your children are in immediate danger, call 999.