If you or your children are experiencing domestic abuse, harassment, or threats from a partner, ex partner, or family member, a non molestation order can provide fast and effective legal protection. You do not have to face this situation alone, and help is available right now.
Living with the fear of violence, intimidation, or harassment is exhausting and frightening. A non molestation order is a court order made by the Family Court that can stop an abuser from threatening violence, harassing, or communicating with you. Crucially, breach of this order is a criminal offence, meaning the police can arrest the respondent if they ignore its terms.
If you are in immediate danger, call 999. For urgent legal advice about applying for a non molestation order, contact Axis Solicitors. We support clients in Manchester, London, Birmingham, and across England and Wales, including through remote appointments.
There is no court fee to apply for protection, and in serious risk circumstances, an emergency application can be heard the same day. Fastest steps to take:
- Call 999 if you are in immediate physical danger
- Seek medical help if you have injuries and keep medical records
- Contact a family law solicitor to discuss your options
- Gather any evidence of abuse, such as screenshots or police incident numbers
In this blog post, you’ll learn what a non-molestation order is, who is eligible to apply, the types of protection available, how to apply and provide evidence, what happens if the order is breached, and the additional legal options that can help safeguard you and your family.
What is a Non Molestation Order?
A non-molestation order (NMO) is a court-ordered injunction under the Family Law Act that protects individuals and children from domestic abuse, harassment, threats, or violence by a partner, ex-partner, or family member. The legal definition of “molestation” is deliberately broad. It covers physical harm, threatening violence, stalking, coercive or controlling behaviour, harassment, and abusive digital contact such as texts, WhatsApp messages, and social media posts.
The order can forbid the respondent from:
- Using or threatening physical violence against you or your children
- Prohibiting the respondent from contacting you by phone, text, email, or social media
- Attending or approaching your home, workplace, or child’s school
- Instructing or encouraging others to harass, intimidate, or otherwise engage in prohibited behaviours towards you on their behalf
- Coming within a specified distance of your property
Breaching a non molestation order is a criminal offence under section 42A of the Family Law Act 1996. This can lead to arrest, a criminal conviction, fines, or imprisonment of up to five years, depending on the circumstances.
Protection extends to all “associated persons,” including spouses, civil partners, ex-partners, relatives, and those who share parental responsibility for a child.
Types of Domestic Abuse Orders & Injunctions
When facing domestic abuse or harassment, it’s important to know that the family court can grant several types of orders to protect you and your children from an ex partner, family member, or anyone else posing a threat. Each type of order is designed to address specific situations and ensure your safety and well-being.
Non-Molestation Order for Violence
The most common is the non molestation order uk, which prohibits the respondent from using or threatening violence, harassing, or communicating with the applicant. This court order is a powerful tool to prevent further harm, as any breach is a criminal offence and can lead to arrest and serious consequences for the abuser.
Occupation Order
In situations where your safety at home is at risk, an occupation order can be granted. This order determines who can live in the family home and can exclude the abusive party from the property or set a safe distance they must keep. This is especially important when children are involved, as it helps maintain a secure environment.
Prohibited Steps Order
A prohibited steps order is another form of protection, preventing the respondent from taking specific actions, such as removing children from the family home or selling property. This helps safeguard your rights and the well-being of your children during a stressful time.
Exclusion Order
In some cases, the court may issue an exclusion order, which specifically excludes the respondent from the family home or a defined area around it. This creates a safe distance between you and the abuser, reducing the risk of further harm or harassment.
Non-Molestation Order with Power of Arrest
For added security, a non-molestation order with a power of arrest can be granted. This means that if the respondent breaches the order, the police can arrest them immediately, without needing a separate warrant. This provides an extra layer of protection and reinforces the seriousness of complying with the court’s decision.
The family court will decide which type of order is most appropriate based on the evidence you provide, such as medical records, witness statements, or proof of threatening violence, and the specific circumstances of your case. The aim is always to protect the applicant and any children from further abuse, harassment, or harm.
Because the process can be complex and the consequences for breach are severe, it’s essential to seek advice from a solicitor. They can help you choose the right type of order, prepare your application form, and gather the necessary evidence to support your claims. With the right legal support, you can take decisive action to protect yourself and your family from further abuse.
Examples of Behaviour Covered by a Non Molestation Order
When deciding whether to grant a non molestation order, the judge will look at the overall pattern of behaviour and its impact on your safety and well being.
Behaviours that can be restrained include:
- Hitting, pushing, restraining, or any physical violence
- Threatening to kill, harm, or injure you or your children
- Smashing or damaging property in the family home
- Stalking or following you outside your home, workplace, or children’s school
- Constant belittling, verbal abuse, or threats to take the children
- Controlling finances or monitoring your movements
- Checking phones, messages, or using tracking apps without consent
- Posting abusive material online or harassing your new partner
- Repeated unwanted calls, texts, emails, or social media contact
Even if there has been no recent physical violence, persistent harassment or intimidation can justify an order.
Who Can Apply for a Non Molestation Order?
To apply for a non molestation order, you must be an “associated person” under the Family Law Act 1996 and eligibility criteria set by the government. This means you have a close personal or family relationship with the person you need protection from.
Eligible relationships include:
- Husband, wife, or civil partner (current or former)
- Cohabiting or former cohabiting partners, including same-sex couples
- Fiancé or former fiancé
- Someone with whom you have had an intimate personal relationship of significant duration
- Parents, children, siblings, grandparents, aunts, uncles, and in-laws
- Anyone who shares parental responsibility for the same child, including adoptive and step-parents
Applicants under 16 typically need permission from the High Court, and those aged 16–17 may require a litigation friend in certain circumstances.
How to Get a Non Molestation Order
You apply for a non molestation order by completing Form FL401 and a detailed witness statement. Applications can be made on notice (where the respondent is informed) or without notice in emergencies.
The application process:
- Gather evidence: Collect screenshots, police incident numbers, and any relevant documents
- Complete Form FL401: This is the official application form
- Prepare a witness statement: Include dates, times, and specific incidents
- Submit to the Family Court: Applications can be sent by email or via the online HMCTS portal
- Attend the hearing: A judge will review your case and decide whether to grant the order
There is currently no court fee for this application, though legal representation costs may apply unless you qualify for legal aid.
If you are in immediate danger, you can make an emergency application. The court can grant this order without notice to the respondent, meaning the abuser is not warned in advance. Once granted, the order is served, often by the police, providing urgent protection until a further hearing can be held.
Applying for an Urgent (Without Notice) Non Molestation Order
In emergencies, you can ask the court to make a non molestation order without notifying the other party first. This is called a “without notice” or “ex parte” application. This is appropriate when:
- There is immediate danger of violence or physical harm
- There is a risk of child abduction
- Giving notice would trigger further abuse or allow the respondent to destroy evidence
The judge can grant a temporary order on the same day, sometimes within hours, in a private hearing. Once granted, the order must be personally served on the respondent, and a further hearing will be listed so they can attend and respond. To support a without notice application, keep copies of recent threats, police logs, A&E records, and messages.
What Evidence Do You Need for a Non Molestation Order?
You do not need a criminal conviction to obtain a non molestation order. However, you must show the court there is a real risk of harm to justify protection.
Key types of evidence include:
- Your detailed witness statement with dates, times, and locations
- Police incident numbers, previous injunctions, or bail conditions
- Medical records, GP or hospital notes, and photos of injuries
- Screenshots of abusive texts, WhatsApp messages, emails, or social media posts
- Statements from neighbours, relatives, teachers, employers, or friends who have witnessed the abuse
- Records from counselling or domestic abuse support services
Axis Solicitors can help you organise this material so your application is clear and easy for the judge to follow.
The Family Court Process for a Non Molestation Order
All non-molestation cases are heard in the Family Court, and only people directly concerned with your case may attend. Hearings for a non molestation order are held in private at the Family Court. Members of the public are not present.
The court takes NMO applications seriously, prioritising the safety and well-being of the applicant. Judges assess each case based on the balance of probabilities regarding the applicant’s fear of harm and the evidence supporting a real and immediate risk of harm.
What typically happens at the first hearing:
- Confirmation of your details and the respondent’s details
- A summary of your evidence and the protection you are seeking
- Questions from the judge about the circumstances
- The judge will consider all statements and evidence before making a decision as to whether to grant the order, and if made, its terms and duration.
- A decision to grant the order, adjourn, or list a fact-finding hearing
The court will usually grant a second hearing at which your opponent (the respondent) will be invited to attend and give their views on the application and order. At this stage, the respondent may agree to the order or contest it.
If the respondent disputes the claims, the court may list a further hearing where both parties give oral evidence. Many hearings now take place remotely by video or telephone, though some courts require in-person attendance. If the judge grants the order, the exact terms, duration, and any exclusion zones will be recorded in a sealed court order.
How Long Does a Non Molestation Order Last?
A non molestation order usually lasts for a defined period, commonly 6 to 12 months, though it can be shorter or longer depending on the level of risk. In serious or ongoing cases, the court can make an order for a longer period or until further order of the court. You can apply to extend the order before it expires if you still feel unsafe.
Factors the court will consider for an extension:
- Continuation of threats or harassment
- Any breach of the existing order
- Ongoing fear and vulnerability
- The impact on any children involved
Your solicitor will need recent evidence and an updated statement for an extension application.
How to Discharge or Vary a Non Molestation Order
Both the applicant and respondent can ask the court to vary or discharge a non molestation order if circumstances change.
To do this, you must file an application supported by a written statement explaining the reasons. For example, you might seek discharge after reconciliation, relocation, or if there has been no further contact for many months.
The judge will prioritise safety, especially where children are involved, before agreeing to discharge or relax any terms. A variation can widen or narrow the order, such as adjusting exclusion zones or changing how handovers of children are managed.
What Happens if a Non Molestation Order is Breached?
Breach of a non molestation order is a serious criminal offence under UK law, with serious consequences for the abuser. If the respondent breaches the order:
- Call the police immediately
- Provide the crime reference number and show them a copy of the sealed court order
- The police can arrest without a warrant if they have reasonable suspicion of breach
- The case may be prosecuted in the Magistrates’ Court or Crown Court
Possible penalties include community orders, fines, restraining orders, or imprisonment. Most non-molestation orders automatically carry criminal consequences for breach, meaning you do not need a separate power of arrest attached.
Occupation Orders and Other Linked Family Law Remedies
Alongside a non molestation order, the court can also make an occupation order to regulate who can live in or enter the family home. An occupation order can exclude the abusive party from the property, define exclusion zones, and set rules about access.
Our family law solicitors can advise whether to seek both an occupation order and a non molestation order together for stronger protection, especially where housing and children are involved.
Related applications may include:
- Child arrangements orders
- Prohibited steps orders
- Divorce or separation proceedings
These remedies can work together to protect victims of domestic abuse and ensure the safety of children. There are no Family Court fees to apply for a non molestation order. However, there may be legal costs for advice and representation unless you qualify for legal aid. Legal aid may be available for eligible survivors of domestic abuse, subject to evidence and means testing.
Get Expert Legal Aid for Non-Molestation Orders from Axis Solicitors
Axis Solicitors offers expert legal guidance to discuss if a non-molestation order is appropriate for your situation and to outline likely costs and funding options. We have offices in Manchester, London, and Birmingham, and can assist clients across England and Wales by phone, email, and video appointments.
All enquiries are handled confidentially and sensitively. If you are experiencing domestic abuse, speak to a family law solicitor today. Support available from Axis Solicitors:
- Free initial assessment of your case
- Same-day emergency applications in urgent situations
- Help gathering and organising evidence
- Full court representation at hearings
- Advice on linked orders such as occupation orders and child arrangements
Contact Axis Solicitors now and take the first step towards safety and protection.
