A Non-Molestation Order is a type of injunction granted by the Family Court to protect victim-survivors of domestic abuse, harassment, or threats of violence. It is designed to prevent one person (the respondent) from using or threatening violence, intimidating, harassing, or pestering another person (the applicant) or any relevant children.
These orders are a key legal protection under the Family Law Act 1996 and are often sought where an individual needs urgent safeguarding from abusive or harmful behaviour.
Who Can Apply for a Non-Molestation Order?
You can apply for a Non-Molestation Order if you are an “associated person” in relation to the respondent. This includes:
- A spouse or former spouse
- A civil partner or former civil partner
- A cohabitant or former cohabitant
- A relative
- Someone with whom you have, or have had, an intimate relationship
- Someone with whom you share parental responsibility for a child
What Does a Non-Molestation Order Do?
The order typically prohibits the respondent from:
- Using or threatening violence against the applicant or children
- Intimidating, harassing, or pestering the applicant
- Contacting the applicant directly or indirectly
- Coming near the applicant’s home or place of work
Breaching a Non-Molestation Order is a criminal offence punishable by up to five years’ imprisonment, a fine, or both.
How to Apply for a Non-Molestation Order
Applications can be made to the Family Court. Depending on the urgency, you may apply:
- On notice – where the respondent is informed and has the chance to attend court.
- Without notice (ex parte) – where the respondent is not informed in advance. This is often used in emergency cases where notifying the respondent may put the applicant at risk.
The court will consider the evidence presented, the potential risk to the applicant and children, and whether an order is necessary for their protection.
Duration of a Non-Molestation Order
The court has discretion over the length of time the order remains in place. Typically, they last between six and twelve months, but orders can be extended if necessary.
Speak to Our Family Law Team
At DTM Legal, our Family Law team provides clear, sensitive, and practical advice on Non-Molestation Orders and other protective injunctions. We will guide you through the process of applying for an order, ensuring your safety and wellbeing are prioritised. Contact our Family Law Solicitors by calling 01244 354 800 / 0151 321 0000 or email family@dtmlegal.com.
FAQs – Non-Molestation Orders
