Non Molestation Order UK: Eligibility, Application & Next Steps
If you’re experiencing domestic abuse, harassment, or intimidation from a partner, ex-partner, or family member, a Non Molestation Order is one of the strongest legal protections available to you in England and Wales. It’s a court injunction that legally stops someone from threatening or using violence against you, or from harassing, pestering, or intimidating you and your children.
Applying can feel overwhelming, especially if you’re already in a stressful or frightening situation. This guide breaks the process down into seven clear steps so you know exactly what to expect — from gathering evidence to attending your hearing.
If you are in immediate danger, call 999. If you can’t speak, dial 999 and press 55 on a mobile to reach police silently through the Silent Solution system.
What Is a Non Molestation Order?
A Non Molestation Order is an injunction made by the Family Court under Part IV of the Family Law Act 1996. It prohibits a named person (the “respondent”) from:
- Using or threatening violence against you or your children
- Harassing, intimidating, or pestering you
- Contacting you directly or indirectly, including through third parties or social media
- Coming near your home, workplace, or your children’s school (in some orders)
Breaching a Non Molestation Order is a criminal offence, which means the police can arrest the respondent immediately rather than you having to go back to civil court to enforce it.
You can apply for a Non Molestation Order if you’re “associated” with the respondent — this includes current or former spouses, civil partners, cohabitants, partners, relatives, or someone you have a child with.
Step 1: Confirm You Meet the Eligibility Criteria
Before you apply, check that you and the respondent are “associated persons” under the Family Law Act 1996. This covers a broad range of relationships, including:
- Current or former spouses or civil partners
- Current or former partners or cohabitants (including same-sex relationships)
- People who live or have lived in the same household
- Relatives (parents, children, siblings, in-laws)
- People who have a child together or have been engaged
- People involved in the same family proceedings
If you’re unsure whether your relationship qualifies, a family law solicitor, Citizens Advice, or the National Centre for Domestic Violence (NCDV) can confirm this quickly and at no cost for an initial assessment.
Step 2: Gather Your Evidence
Strong, specific evidence makes a significant difference to how quickly and firmly the court acts. Start collecting:
- A timeline of incidents — dates, times, locations, and what happened, written as soon as possible while memories are fresh
- Messages and communications — abusive texts, emails, voicemails, or social media messages
- Photos of injuries or damage, if applicable
- Witness details — anyone who saw or heard incidents, or who you told about them afterward
- Police reference numbers, if you’ve reported incidents before
- Medical records noting injuries or attendance related to the abuse, where relevant
This evidence will support the witness statement you submit alongside your application, so keep it organised chronologically.
Step 3: Complete Form FL401
The application itself is made using Form FL401 – Apply for a Non-Molestation or Occupation Order. On this form you’ll need to:
- Provide details of yourself, the respondent, and any relevant children
- State whether you’re also applying for an Occupation Order (which deals with who can live in the family home)
- Indicate whether you want the court to consider the application “without notice” (see Step 4)
- Attach a sworn or affirmed witness statement setting out the facts you’re relying on
There is no court fee to apply for a Non Molestation Order — this is one of the few family court applications that’s completely free, removing a major barrier for people seeking protection.
Many applicants use CourtNav, a free online tool run by RCJ Citizens Advice, which guides you through completing the FL401 form and statement and can connect you with legal advisors.
Step 4: Decide Whether You Need a Without-Notice (Emergency) Application
If you’re at risk of significant harm and waiting for a normal hearing would leave you unsafe, you can ask the court to make an order “without notice” — meaning the respondent isn’t told about the application before a judge makes an initial decision.
Courts generally treat these applications as urgent: applications issued before 4pm are typically referred to a judge the same day, with those issued later dealt with the next working day. If granted, a full hearing is then listed later, where the respondent will be given notice and the chance to attend and respond.
Without-notice orders aren’t automatic — the court needs clear, specific evidence of urgency, and judges are cautious about excluding someone from their home without giving them a chance to be heard first, so make sure your witness statement clearly explains why immediate action is necessary.
Step 5: File the Application and Arrange Service
Once your FL401 form and witness statement are complete, file them with your local Family Court. If the court makes an order — whether without notice or after a hearing — the respondent must be personally served with a copy of the order and the supporting papers, so there’s no ambiguity about what they’re prohibited from doing.
Personal service is usually arranged through a process server or, in some cases, the court itself. Keep proof of service safe, as you may need it later if you need to prove the respondent knew about the order.
Step 6: Attend the Hearing
If your application wasn’t dealt with entirely without notice, or once the full hearing takes place, you’ll need to attend court. At the hearing, the judge will consider:
- The nature and seriousness of the alleged conduct
- The need to secure your health, safety, and wellbeing, and that of any children
- Any evidence you and the respondent submit
You can represent yourself, use a solicitor, or get support through organisations like the NCDV, which can arrange emergency legal representation, sometimes on the same day. Legal aid is available for domestic abuse cases regardless of your financial circumstances in many instances, so it’s worth checking your eligibility even if you assumed you wouldn’t qualify.
Step 7: Understand Enforcement If the Order Is Breached
Once a Non Molestation Order is in place, any breach is a criminal offence. If the respondent breaks the order:
- Call the police immediately — you don’t need to go back to the family court first
- Give the police a copy of the order, if you have it, along with details of the breach
- The respondent can be arrested and prosecuted, with penalties including fines or imprisonment
Keep a copy of the order with you or accessible at all times, and make sure trusted family, friends, or your children’s school know an order is in place, so they can act quickly if needed.
Final Thoughts
Applying for a Non Molestation Order can feel like a daunting process, but the steps themselves are designed to move quickly when safety is at risk — and the application itself costs nothing. Whether you go through a solicitor, use CourtNav, or apply directly, having your evidence organised and understanding what each stage involves will make the process far less stressful.
If you’re in danger right now, call 999. For confidential advice and support at any stage of the process, the National Centre for Domestic Violence (0800 970 2070), Citizens Advice, and Rights of Women all offer free guidance.
This article is general information, not legal advice. For guidance on your specific situation, speak with a family law solicitor.
Frequently Asked Questions
How much does it cost to apply for a Non Molestation Order? There is no court fee to apply. Legal aid may also be available for domestic abuse cases, and many people apply without paying for a solicitor at all using free tools like CourtNav.
How long does a Non Molestation Order last? Orders are typically made for a fixed period, often six to twelve months, though they can be extended if the risk continues. In some cases, courts grant longer or open-ended orders depending on the circumstances.
Can I apply for a Non Molestation Order without a solicitor? Yes. You can complete Form FL401 and your witness statement yourself, with help from free tools like CourtNav, or with support from organisations such as Citizens Advice or the NCDV.
What happens if the respondent breaches the order? Breaching a Non Molestation Order is a criminal offence. You should contact the police immediately, who can arrest the respondent without needing further permission from the family court.
Can I get an emergency Non Molestation Order the same day? Yes, in urgent cases you can apply “without notice.” Applications submitted before 4pm are usually referred to a judge the same day, allowing for same-day protection in genuinely urgent situations.
Does a Non Molestation Order also cover my children? Yes, an order can be extended to protect any children living with you if there’s evidence they’re also at risk from the respondent’s behaviour.
