What Is a Non-Molestation Order?
A non-molestation order is a civil court injunction under the Family Law Act 1996. It prohibits an "associated person" (partner, ex-partner, family member, or co-habitant) from:
- Using or threatening violence against you or your children
- Intimidating, harassing, or pestering you
- Contacting you directly or through third parties
- Coming within a set distance of your home or workplace
Breaching a non-molestation order is a criminal offence under s.42A Family Law Act 1996, punishable by up to five years' imprisonment. Police can arrest without warrant.
Occupation Orders — Who Stays in the Family Home
An occupation order under ss.33–38 Family Law Act 1996 determines who can live in or enter the family home. The court applies the balance of harm test: if you or your children face greater risk from staying than the respondent faces from leaving, the order is very likely to be granted.
Ex Parte Orders — Acting Without Telling the Abuser
In cases of immediate risk, the court can make an order without notifying the respondent first (ex parte or "without notice"). This is common in domestic abuse cases where alerting the abuser might prompt retaliation. Under r.18.10 Family Procedure Rules 2010, the court lists a return hearing (usually within 7–14 days) to give the respondent a chance to respond.
Your solicitor can file an application, prepare a witness statement, and attend the without-notice hearing all within the same day in urgent situations.
Common Situations We Help With
Legal Aid for Domestic Abuse Cases
Legal aid is available for domestic abuse injunctions without a means test in urgent situations. Under LASPO 2012, domestic abuse is a priority area. Evidence of abuse — a police report, GP record, or a letter from a domestic abuse organisation — can satisfy the gateway criteria.
A solicitor can advise on legal aid eligibility at no initial cost. Many firms offer a free first appointment for domestic abuse matters.
How Quickly Can You Get an Order?
-
1
Same day — urgent application
Your solicitor files the application and witness statement. In serious cases, a judge can hear the application the same morning. The order takes effect immediately on grant.
-
2
Within 24–48 hours — order served
Once granted, the order is personally served on the respondent by a process server or the police. You receive a sealed copy to keep with you at all times.
-
3
7–14 days — return hearing
For ex parte orders, the court lists a return hearing. The respondent can attend and contest. The order remains in force until this hearing concludes.
-
4
Final order — up to 12 months (renewable)
A final non-molestation order lasts up to 12 months and can be renewed on application. Occupation orders vary in length depending on the parties' housing rights.
What You Should Do Right Now
- 📞 Call 999 if you are in immediate danger
- 📷 Document evidence — photos of injuries, screenshots of messages, a log with dates and times
- 🏥 See your GP — creates an independent contemporaneous record
- 🔒 Secure your home — change locks if you have the right to do so
- 📋 Contact a solicitor — explain the urgency; domestic abuse applications are prioritised
- 🤝 Contact a support organisation — Women's Aid, Refuge, or the Men's Advice Line (0808 801 0327)
Frequently Asked Questions
Do I need evidence of violence to get a non-molestation order?
No. The court applies a broad definition of "molestation" which includes harassment, intimidation, and emotional abuse. You do not need to have been physically assaulted. A detailed witness statement setting out incidents of controlling or threatening behaviour is typically sufficient.
What happens if the abuser breaches the order?
Breach of a non-molestation order is a criminal offence under s.42A Family Law Act 1996. Police can arrest without warrant. On conviction, the respondent can face up to five years in prison. Keep a sealed copy of the order with you at all times and call 999 immediately on any breach.
Can I apply for an order if we are not married?
Yes. The Family Law Act 1996 covers "associated persons," which includes cohabiting partners, ex-partners, relatives, and those who share a child — whether or not they were ever married.
Will the children be protected by the order?
A non-molestation order can be extended to protect children. If you are also concerned about the children being removed, your solicitor can apply for an emergency prohibited steps order under the Children Act 1989.
How much does it cost to get a non-molestation order?
The court fee is currently £232 (2025), though fee remission is available on low incomes. If you qualify for legal aid, your solicitor's costs are covered by the Legal Aid Agency. Many solicitors offer a free first consultation for domestic abuse matters.