Quick answer:
A non‑molestation order (NMO) is a court order to protect you or a child from harassment, threats, intimidation, or violence by someone you’re connected to—such as a partner, ex-partner, or family member. It usually bans direct and indirect contact, and can set distance or location-based restrictions. You apply using Form FL401, with a short witness statement and any supporting evidence. If you’re at immediate risk, you can ask for an emergency order without the other person being told in advance.
Disclaimer: General information for England & Wales. Not legal advice. If you’re in danger, call 999.
Example prohibitions (how the court might word them)
Here are some common clauses the court uses. The exact wording will depend on your situation and the judge’s decision:
Contact:
“The respondent must not use or threaten violence against the applicant or encourage anyone else to do so.”
“The respondent must not contact the applicant directly or indirectly, by phone, text, email, social media, or any other means.”Proximity and approach:
“The respondent must not come within 100 metres of the applicant’s home or workplace.”
“The respondent must not approach the applicant in public, except for court-ordered child handovers.”Third-party/online communication:
“The respondent must not cause or permit anyone to contact the applicant on their behalf, including via social media.”
“The respondent must not publish or threaten to publish private information or images about the applicant.”Workplace/education:
“The respondent must not contact the applicant’s employer or colleagues except through a legal representative.”
“The respondent must not attend within 100 metres of the children’s school, nursery, or childminder, except for pre-arranged handovers.”Property:
“The respondent must not damage, attempt to damage, or threaten to damage the applicant’s property.”
NMOs usually include a penal notice. Breaching the order is a criminal offence. Always keep a copy of the sealed order with you and share it with your local police.
Why NMOs matter
Non-molestation orders are a vital tool for anyone facing harassment or abuse from someone close. They offer fast, court-backed protection, and breaching an NMO is a criminal offence—meaning the police can arrest the person without a warrant if they break the order. The terms can be tailored to your situation and usually last 6–12 months, but can be extended if needed. Clear, specific wording helps the police and courts enforce the order quickly and effectively.
For example, if you’re worried about an ex-partner turning up at your home or sending threatening messages, an NMO can set out exactly what they must not do. This gives you a legal shield and peace of mind, knowing there are real consequences if the order is broken.
Common mistakes and oversights
Many people make similar errors when applying for an NMO, which can make the order harder to enforce or even lead to it being refused. Here are some of the most frequent pitfalls:
Vague drafting: Using phrases like “no harassment” without listing specific behaviours makes it difficult for police to act. Instead, spell out what you want to stop—such as “no phone calls”, “no turning up at my workplace”, or “no messages via friends”.
Missing indirect contact routes: It’s easy to forget to include bans on third-party contact, social media, or workplace approaches. If you only ban direct contact, the person might still get messages to you through others.
No evidence pack: Not including call logs, screenshots, photos, GP notes, or police incident numbers can weaken your case. The court needs to see what’s been happening.
Over-broad location bans: Asking for a city-wide ban is rarely granted. The court prefers clear, proportionate boundaries—like a 100-metre radius around your home, work, or your child’s school.
Silence on children’s handovers: If you have children together, not addressing safe handover arrangements can lead to confusion or later conflict.
Top tips for a strong application
Be specific: List the exact behaviours you want to stop—threatening texts, turning up at your home, contacting your employer, tagging you online, or sending gifts.
Keep it proportionate: Judges favour terms that match the risk. For example, a 100-metre ban from your home and work, and no direct or indirect contact.
Evidence is key: Attach screenshots, photos of injuries or damage, call records, police reference numbers, and GP or hospital letters. The more detail, the better.
Think about handovers: If there’s a child contact order, suggest supervised or third-party handovers to avoid accidental breaches.
Consider an occupation order: If you need the other person to leave your home, an occupation order is a separate process with a different legal test.
Step-by-step: making an application
1. Collect evidence
Start by gathering a timeline of incidents—dates, times, and locations. Save messages, emails, social media posts, call logs, voicemails, and photos of injuries or property damage. Police reference numbers and GP or hospital notes are also helpful.
2. Complete Form FL401 (and C8 if you need confidentiality)
Form FL401 asks who you need protection from and what orders you want. Write a separate witness statement describing the key incidents and why you feel at risk. If you need to keep your address private, fill in Form C8.
3. Ask for an emergency order if needed
If you or a child are at immediate risk, you can ask for a “without notice” order. Explain why it’s not safe to give the other person advance warning.
4. File and attend court
You can file your application online or at your local family court. For urgent cases, a judge may see you the same day. If an interim order is made, the respondent will be served and a return hearing will be listed.
5. Service and return hearing
The order must be personally served—often by a process server. Bring proof of service to the return hearing. At this hearing, the court decides whether to continue, change, or end the order. Sometimes, the other person may offer an “undertaking” (a formal promise to the court), but this isn’t accepted if violence is alleged.
What documents to include
FL401 application form and your witness statement (with a clear chronology and key incidents).
Exhibits: screenshots, call logs, police incident numbers, GP or hospital letters, and photos.
C8 form if you need to keep your address confidential.
Statement of service (after the order is served). A process server’s affidavit can help.
Real-life examples
Example 1 – Persistent messaging and workplace harassment
Priya’s ex sends dozens of messages daily and turns up outside her work. She files FL401 with a statement and screenshots, asks for an interim order without notice, and proposes clauses banning direct/indirect contact and a 100-metre work perimeter. The court grants an interim NMO and lists a return hearing in two weeks.
Example 2 – Social media abuse and third-party contact
Sam’s former partner posts defamatory comments and gets friends to message Sam’s siblings. Sam files with screenshots and asks for prohibitions covering indirect contact and publishing private information. The judge includes social media clauses and warns of arrest on breach.
Example 3 – Handovers and school
Tariq needs protection but there is an existing child contact order. He proposes a clause allowing contact via a third-party app for child arrangements and safe, supervised handovers at a contact centre. The court builds this into the NMO to avoid unintentional breaches.
Where people get stuck
Proving service quickly: Book a process server early, especially for emergency orders.
Drafting too widely: The court will trim vague or disproportionate terms. Keep your requests evidence-led and focused on real risks.
Handling child arrangements: If you need to change contact due to risk, you may need a separate C100 application alongside the NMO.
Where to get help
Domestic abuse helplines and local support services—many offer court accompaniment.
Family solicitors or legal advice lines for domestic abuse.
Police for breach and safety planning—save the order to your phone and share with neighbours or building security.
Final thought:
Specific, proportionate terms and a tidy evidence pack usually lead to robust protection and smoother enforcement. Caira is backed by tens of thousands of legal documents and updated weekly, so you can be confident you’re getting the most up-to-date, practical information—unlike generic chatbots. If you’re unsure about your draft or want to check for common mistakes, upload your documents to Caira for a plain-English review.
Disclaimer: This article is for general information only and is not legal advice. If you’re in immediate danger, call 999.
No credit card required