A non-molestation order is a legal measure designed to safeguard individuals and their children from abuse, threats, or harassment. Typically used in situations involving domestic abuse, these orders fall under the umbrella of “injunctions” and are granted by the family court. Once issued, they prohibit the abuser from contacting you or coming near you, your workplace, or your child’s school. Breaching such an order constitutes a criminal offense.

In this blog post, we explore the process of obtaining a non-molestation order, the evidence required, and what happens when the court hears your application.

You may be eligible to apply for a non-molestation order if you have experienced domestic abuse or harassment from:

• A partner or former partner
• A family member
• Someone you are living with or have lived with

The application is made to the family court, using Form FL401, and there is no fee associated with this process.

Emergency Applications
If you need an urgent protection measure, you can submit an emergency application—especially if an abusive incident has happened recently (e.g., within the last week).

Without Notice Applications
Where necessary, you can apply without informing the abuser. This approach helps to ensure your safety by preventing any potential escalation of harassment or harm before an order is granted.

Supporting Evidence
To strengthen your case, gather any evidence that demonstrates the abuse or harassment. Examples include:

• Threatening or abusive text messages, emails, or social media messages
• Photographs of injuries or damage to property
• Statements or records from the police, GP, or other professionals

A solicitor can assist you in drafting a thorough witness statement outlining the key incidents.

Initial Hearing
After submitting your application, the court will list a hearing date. Depending on the severity of the threat, a judge may grant the order immediately (often known as an “ex-parte” or “without notice” order) or schedule a hearing to hear both sides.

Return Hearing
If the court issues a non-molestation order without the abuser knowing, they will then arrange a return hearing where the abuser can present their side. During the interim, the order provides you with legal protection.

Undertakings
Sometimes, instead of immediately granting a non-molestation order, the court may suggest undertakings. These are legally binding promises made by the alleged abuser not to harass or contact you. Although breaching an undertaking is not an arrestable offense, it still amounts to contempt of court, which can lead to fines, community service, or imprisonment.

When deciding whether to grant a non-molestation order, the court assesses a range of factors—primarily focusing on ensuring the health, safety, and wellbeing of you and your children. Evidence, witness statements, and any history of police involvement will be crucial in convincing the court of the need for legal protection.

If the abuser disregards the order and makes contact or behaves in a way that the order disallows, they commit a criminal offense. In such cases, you can:

1. Call the Police
   • The police can arrest the abuser and may charge them with breaching the order.
2. Apply for Enforcement in Family Court
   • You can take civil action by asking the family court to hold the abuser in contempt. Penalties can include fines or imprisonment (up to two years).

Typically, a non-molestation order lasts between six to twelve months, although the judge will set the specific duration based on the circumstances. Before the order expires, you can apply to the court to extend it if you still require protection.

Navigating the process of obtaining a non-molestation order can be daunting, particularly when you are already dealing with the emotional stress of an abusive situation. At HM & Co. Solicitors, our dedicated family lawyers are here to provide clear, empathetic guidance and representation every step of the way.

Contact HM & Co. Solicitors

• Address: 186 Lower Road, Surrey Quays, London SE16 2UN
• Telephone: 02071128180
• Email: info@hmsolicitorsltd.com

We’re committed to ensuring you have the information, support, and legal protection you need to safeguard yourself and your family. If you have any questions or need immediate help, don’t hesitate to reach out.