Published by Cherin Sparrow on 28 May 2025

What Is a Non-Molestation Order?

A Non-Molestation Order is a type of injunction issued by the Family Court to protect individuals who have experienced or are at risk of domestic abuse. These orders prevent the respondent (typically a former partner or family member) from engaging in specific behaviours, including:

Using or threatening violence against the applicant
Intimidating, harassing or pestering the applicant
Contacting the applicant via telephone, text, email, or social media
Damaging or threatening to damage the applicant’s property

The term “molestation” is deliberately not defined in statute, giving courts wide-ranging discretion to provide relief from various forms of abuse. In practice, all forms of domestic abuse are considered molestation, including physical, sexual, emotional, psychological, financial abuse, and coercive control.

Who Can Apply for a Non-Molestation Order?

To apply for a Non-Molestation Order, you must be “personally connected” or “associated” with the person you seek protection from. This includes:

Current or former spouses or civil partners
Cohabitants or former cohabitants
People who have been in an intimate relationship of significant duration
Family members
Individuals who share parental responsibility for a child
People who have agreed to marry or enter a civil partnership

The Family Law Act 1996 provides a comprehensive framework for determining who qualifies as an “associated person”. This broad definition ensures that protection is available to a wide range of individuals experiencing abuse in domestic settings.

Types of Non-Molestation Orders

Non-Molestation Orders can be obtained in two ways:

1. Ex-Parte (Without Notice) Applications

When there is immediate danger or a serious threat of physical harm, the court may grant an order without first notifying the respondent. These “ex-parte” or “without notice” applications provide urgent protection. The court must consider whether:

There is a risk of significant harm to the applicant or child
The respondent might take steps to obstruct the application
The applicant would be deterred from pursuing the application if notice were given

An ex-parte order becomes effective only after being properly served on the respondent, who will then be invited to a “return hearing” to present their position.

2. On Notice Applications

In less urgent situations, the respondent will be notified of the application, and both parties will attend a court hearing before a decision is made. This allows both sides to present their case before the court determines whether to grant the order.

What Must Be Demonstrated to Obtain an Order?

When deciding whether to grant a Non-Molestation Order, the court considers:

Evidence of ongoing molestation
Whether the applicant or the child needs protection
If judicial intervention is required to control the respondent’s behaviour

The court will examine all circumstances, focusing on the need to secure the physical and mental health, safety, and well-being of the applicant and any relevant children.

Duration and Enforcement

Non-Molestation Orders typically last for 6 to 12 months but can be extended depending on the circumstances. In some cases, they may be renewed if abuse continues.

Breaching a Non-Molestation Order is a criminal offence punishable by up to 5 years imprisonment and/or a fine. The police have the power to arrest anyone who violates the terms of the order.

Zonal Exclusion Orders

Non-Molestation Orders can include “exclusion zones” that prevent the respondent from:

Entering or attempting to enter the applicant’s home
Going to the applicant’s place of work
Approaching within a certain distance of the applicant’s child’s school or nursery
Entering specific roads or areas

These provisions offer practical protection by creating physical distance between the parties.

Recent Developments in Family Court Proceedings

Recent cases highlight the importance of timely protection for domestic abuse victims. In February 2025, the family court allowed a committal application for contempt of court due to “inordinate delays” in the criminal courts, where a trial for breach of a non-molestation order had been relisted for December 20261. The judge noted it was “unusual for a civil court to hear an application for committal based on the breach of a non-molestation order” but deemed it necessary due to the criminal court’s inability to list a trial within a reasonable timeframe.

Domestic Abuse Protection Orders

The Domestic Abuse Act 2021 introduced new protections, including Domestic Abuse Protection Notices (DAPNs) for immediate protection and Domestic Abuse Protection Orders (DAPOs) for longer-term protection. DAPOs provide comprehensive, flexible protection with powers of prohibition and the ability to impose positive requirements such as attending behaviour change programmes.

How to Apply for a Non-Molestation Order

To apply for a Non-Molestation Order:

File an application with the Family Court (form FL401)
Provide a supplementary witness statement detailing the circumstances of the molestation
Attend the court hearing as scheduled

Legal advice is strongly recommended before making an application. Many solicitors specialising in family law can provide guidance through this process and help complete the necessary documentation.

Conclusion

Non-Molestation Orders are vital legal tools for protecting victims of domestic abuse. They provide immediate and effective protection while legal proceedings take their course. If you’re experiencing domestic abuse, seeking legal advice promptly can help secure the protection you need.

For individuals facing accusations, understanding the legal framework and potential consequences is crucial. Whether applying for or defending against a Non-Molestation Order, professional legal guidance is essential to navigate this complex area of family law.