How to Get a Non-Molestation Order
A step-by-step guide to obtaining a non-molestation order in England and Wales, including who can apply, what evidence you need, and how quickly you can get protection.
A non-molestation order is one of the most effective legal tools for protecting yourself and your children from domestic abuse. This guide explains the process of obtaining one and what to expect at each stage.
Who Can Apply?
You can apply for a non-molestation order if the person you need protection from is someone you are associated with. This includes current or former spouses or civil partners, cohabitants or former cohabitants, people you have had an intimate personal relationship with, or relatives. You do not need to be living with the person to apply.
The Application Process
Step 1: Seek legal advice. A specialist family solicitor can assess your situation and advise on the best course of action. Legal aid is available for non-molestation order applications, so cost should not be a barrier.
Step 2: Prepare your application. Your solicitor will help you complete the application form (FL401) and prepare a supporting witness statement. This statement should detail the abuse you have experienced, including specific incidents with dates and any evidence you have.
Step 3: Submit to the court. The application is made to your local Family Court. In urgent cases, the court can hear the application on the same day or the next day, without the other person being present. This is called an application "without notice" or "ex parte."
Step 4: The court hearing. If the order is granted without notice, a return hearing will be listed within 14 days. At this hearing, the respondent can attend and give their side. The court will then decide whether to confirm, vary, or discharge the order.
What Evidence Do You Need?
While there is no minimum standard of evidence, the stronger your evidence, the more likely the court is to grant the order. Useful evidence includes text messages, emails, photographs of injuries, medical records, police reports, and witness statements from friends or family. However, many orders are granted on the basis of a detailed witness statement alone.
How Long Does an Order Last?
A non-molestation order typically lasts for 12 months, though the court can set any duration it considers appropriate. If the respondent breaches the order, it is a criminal offence that can result in arrest and imprisonment. If you need help obtaining a non-molestation order, our specialist domestic abuse solicitors can guide you through the entire process. We offer a free 30-minute consultation to discuss your situation.