How Easy Is It to Get a Non-Molestation Order?

Applying for a non-molestation order in England or Wales is a straightforward process in the family court. The court usually lists your application for a hearing within two weeks. If there’s an immediate risk of harm, the court can grant a temporary (interim) order to protect you until a full hearing or fact-finding takes place, which can be several months later.

It’s important to know that being granted a non-molestation order does not mean you are guilty of a crime. It does not create a criminal record. The order is a protective measure, not a punishment, and is often used where children or vulnerable people are involved.

Do I Need a Solicitor for a Non-Molestation Order?

No, you do not need a solicitor to apply for a non-molestation order. Many people complete the process themselves without spending any money. The court’s duty is to protect you, whether or not you have legal representation.

How Much Is a Non-Molestation Order in the UK?

There is no court fee to apply for a non-molestation order. The application is free, so you do not need to pay anything to the court.

What Form Do I Use to Apply for a Non-Molestation Order?

You need to complete form FL401 to apply for a non-molestation order. This form is available online or from your local family court. Attach your witness statement and any evidence when you submit it.

What Evidence Do You Need for a Non-Molestation Order?

You do not need to have a police conviction or medical evidence to apply, but the more information you can provide, the better. Family court decides cases on the “balance of probabilities,” meaning it looks at what is more likely than not to have happened. Evidence can include:

• Screenshots or printouts of messages: Texts, WhatsApp, emails, or social media posts that show harassment, threats, or controlling behaviour.

• Police reports or reference numbers: If you have called the police, include any incident numbers or reports.

• Medical evidence: If you have seen a doctor or attended hospital because of the respondent’s behaviour, include any letters or notes.

• Witness statements: Friends, family, neighbours, or professionals who have seen or heard the behaviour can write a short statement.

• Your own statement: This is the most important part. Clearly explain what has happened, when, and how it has affected you. Be specific about dates, times, and examples if you can.

You should also set out what you want the court to order. For example, you might ask the court to stop the respondent from:

• Coming to your home or workplace.

• Contacting you directly or indirectly (including through friends or family).

• Posting about you on social media.

• Turning up at your child’s school or nursery without agreement.

• Contacting your family members.

What Is the Difference Between a Restraining Order and a Non-Molestation Order?

A non-molestation order is made by the family court under the Family Law Act 1996. It is designed to protect you from harassment, threats, or abuse by someone you are or were in a family relationship with (such as a partner, ex-partner, or close family member). It is a civil order, not a criminal penalty.

A restraining order is usually made by the criminal court, often after someone has been convicted (or sometimes acquitted) of a criminal offence. It can protect anyone, not just family members, and is often used in cases of stalking or harassment. The main difference is the type of court that makes the order and the circumstances in which it is made.

How Serious Is a Non-Molestation Order?

A non-molestation order is a serious legal order. If the respondent breaches the order without a reasonable excuse, it is a criminal offence. The police can arrest them, and they could face up to five years in prison or a fine. However, simply having an order made against you does not mean you have a criminal record. It only becomes a criminal matter if the order is broken.

To check enforcable, a non-molestation order must include a penal notice. Look for it in the draft. This is a formal warning from the court, making it absolutely clear that if the respondent does not obey the order, they risk being arrested and prosecuted. The penal notice is there to underline the consequences of breaching the order—so there can be no doubt about how serious it is.

The order will be specific about what the respondent must not do. This usually includes things like pestering, threatening, harassing, or turning up at your home unannounced. The aim is to prevent further harm and give you peace of mind, with the added weight of criminal consequences if the order is ignored.

Can I Contact My Ex If I Have a Non-Molestation Order?

If you are the respondent, you must not contact the applicant unless the order specifically allows it. Sometimes, if you have children together, the order will set out how you can communicate about the children—usually by text, email, or through a third party. You must follow the order exactly. If you are unsure, ask the court for clarification. Breaching the order, even by accident, can have serious consequences.

If you are the applicant and you need to contact the respondent (for example, about the children), check what the order says. If you need to change the order, you can apply to the court to vary it.

Can a Child Get a Non-Molestation Order?

Yes, children can be protected by a non-molestation order. The court can include children in the order if it believes it is necessary for their safety and well-being. A parent, guardian, or someone with parental responsibility can apply on behalf of a child. In rare cases, an older child can apply themselves. The court will always consider the child’s welfare as the top priority.

Can a Non-Molestation Order Stop Me from Seeing My Child?

A non-molestation order is not meant to stop you from seeing your child. Its purpose is to prevent harmful behaviour, not to interfere with child arrangements. If you have a child arrangements order or an agreement in place, the non-molestation order may set out how handovers should happen and how you can communicate (for example, only by text or email). It may say you cannot turn up at the other parent’s home or collect the child from school unless it is your agreed day. If you are worried about how the order affects your contact with your child, you can ask the court to clarify or vary the order.

Application Checklist

• Gather evidence: Collect emails, texts, screenshots, police reports, and any witness statements.

• Write a clear statement: Explain what has happened, why you need protection, and what you want the court to order.

• List specific behaviours: Be clear about what you want the respondent to stop doing (e.g., unannounced visits, direct contact, contacting family).

• Consider child arrangements: If children are involved, explain how the order should work around existing arrangements.

• Submit your application: Use form FL401 and attach your statement and evidence. If you need the court to keep your address confidential, use form C8.
  
  

Non molestation order application - supporting statement

IN THE FAMILY COURT

Case Number: (leave blank if not known)
Applicant: [Your Full Name]
Respondent: [Their Full Name]

WITNESS STATEMENT IN SUPPORT OF APPLICATION FOR A NON-MOLESTATION ORDER

1. My Details
My name is [Your Full Name]. I am [your age] years old and I live at [your address, or state that you are asking the court to keep your address confidential]. I am the [relationship to respondent, e.g., former partner, spouse, co-parent] of the respondent.

2. Background
We were in a relationship from [start date] to [end date]. We have [number] children together: [children’s names and dates of birth, if relevant]. Since the relationship ended, I have experienced ongoing harassment and distressing behaviour from the respondent.

3. What Has Happened
Since [date], the respondent has:

• [Example] Sent me repeated text messages and emails, some of which are threatening or abusive.

• [Example] Turned up at my home without warning on several occasions, including [give dates if possible].

• [Example] Contacted my family members and friends, making upsetting or false statements about me.

• [Example] Approached me at my workplace/school/other location, causing me distress.

• [Example] Made posts about me on social media, which I found intimidating.

I attach as evidence:

• Screenshots of messages and emails (Exhibit A)

• Police incident report/reference number [if any] (Exhibit B)

• Statements from [names of witnesses, if any] (Exhibit C)

4. Impact on Me and My Children
The respondent’s behaviour has made me feel anxious, frightened, and unable to go about my daily life. I am worried for my safety and the safety of my children. My children have witnessed some of these incidents and have become distressed.

5. Why I Need Protection
I am seeking a non-molestation order because I am afraid the respondent’s behaviour will continue or get worse. I want to feel safe in my home and when I am out with my children. I am especially concerned because [explain any particular risks, e.g., escalation, previous threats, vulnerability].

6. What I Am Asking the Court to Order
I ask the court to make an order that the respondent must not:

• Use or threaten violence against me.

• Harass, pester, or intimidate me in any way, including by phone, text, email, or social media.

• Come to my home or workplace.

• Contact my family members or friends about me.

• Turn up at my children’s school or nursery without agreement.

• Attend the children’s school or any agreed handover location on days or times that are not pre-arranged for contact.

• Communicate with me only about child arrangements, and only by text message or email.

If the court thinks it is necessary, I am happy for arrangements about the children to be set out clearly, so that handovers and communication can happen safely.

7. Statement of Truth
I believe that the facts stated in this witness statement are true.

Signed: ___________________________
Dated: ____________________________

Disclaimer: This content is for general information only and does not constitute legal, financial, or tax advice. Outcomes may vary depending on your individual circumstances.