A non-molestation order is a civil injunction made by the family court under section 42 of the Family Law Act 1996. It forbids a person from using or threatening violence against you, harassing or intimidating you, or contacting you. Breaching the order is a criminal offence.
What is a non-molestation order?
A non-molestation order is a court order that protects you from abuse by someone you are connected to, such as a partner, former partner, relative or co-parent. It can stop them using or threatening violence, pestering, intimidating or harassing you, coming to your home or workplace, or contacting you at all.
The law deliberately does not define "molestation" narrowly. Following the leading case of Vaughan v Vaughan [1973], the courts treat it as any conduct that interferes with your peace and well-being, so it reaches well beyond physical violence to include coercive and controlling behaviour. Since the President of the Family Division's updated guidance came into force on 12 January 2026, these orders are drafted in clear, specific terms, often as a straightforward prohibition on any contact, so that both you and the police know exactly what is and is not allowed.
Who can apply for one?
You can apply if you are an "associated person" in relation to the other party, as defined in section 62 of the Family Law Act 1996. That covers most close and family relationships, including:
- You are, or were, married, in a civil partnership, or engaged to the person.
- You live together, or have lived together, including as a couple or in the same household.
- You are in, or have been in, an intimate personal relationship of significant duration.
- You are relatives, or you are both parents of, or have parental responsibility for, the same child.
- You are parties to the same family court proceedings.
The order can also protect a "relevant child", such as a child in your care, at the same time. If you are not sure whether you qualify, we can tell you quickly during a confidential first call.
What the court needs to grant one
The court must be satisfied, on the balance of probabilities, that the conduct you describe took place, and that an order is needed to secure your health, safety and well-being.
You apply on Form FL401 with a written statement setting out what has happened. The court weighs all the circumstances, including any risk to you and any relevant child. Clear evidence makes a strong application:
- A clear, dated account of the incidents in your witness statement.
- Messages, emails, photographs or voicemails showing the behaviour.
- Police reference numbers or reports, and any medical records.
- Names of anyone who witnessed the conduct or its effect on you.
You do not need a perfect file of evidence before you contact us. If you feel at risk, please reach out now and we will help you gather what is needed. In an emergency always call 999 first.
Urgent and without notice applications
Where there is a risk of significant harm, the court can make a "without notice" order on the same day, before the other person is told you have applied. This is often the safest route in a crisis. The order takes effect only once it has been personally served on them, so they cannot breach it unknowingly, and the court lists a full hearing shortly afterwards, usually within a few days, where they may respond. We handle the urgency, the paperwork and the service for you.
Cost and legal aid
There is no court fee to apply for a non-molestation order. Legal aid may also be available, subject to an assessment of your financial means and the merits of your case, and evidence of domestic abuse can help open the door to it. We will check whether you qualify, explain any costs clearly, and never ask you to commit before you understand them.
What happens if the order is breached?
Breaching a non-molestation order without reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996. The police can arrest the person, and on conviction a court can impose up to five years in prison in the Crown Court, or up to twelve months in the Magistrates' Court, along with a fine. If your order is ever breached, report it to the police straight away, and we can support you through the enforcement process.
How we help
A confidential first conversation
We listen, assess your immediate safety, and explain your options without pressure or judgement.
Prepare your application
We draft your Form FL401 and a clear supporting statement that sets out the conduct and the evidence.
Apply to the court
We make the application, including an urgent without notice request where you are at risk of harm.
After the order is made
We arrange service, liaise with the police, and help with extensions or any breach of the order.
What is included
- A confidential assessment of your situation and your safety.
- Advice on whether a non-molestation order, an occupation order, or both, is right for you.
- Preparation and filing of your application and witness statement.
- Representation at the court hearing.
- Help with service, police liaison, extension and enforcement if the order is breached.
- A check of whether you qualify for legal aid.
Frequently asked questions
What is a non-molestation order?
A non-molestation order is a court order under the Family Law Act 1996 that forbids someone from molesting you. Molesting covers violence, threats, harassment, intimidation and unwanted contact. It protects people who are associated with the other person, such as a partner, former partner, relative or co-parent. Breaching it is a criminal offence.
How quickly can I get one?
In urgent cases the court can make a without notice order on the same day, or within a day or two, before the other person is told. The order takes effect once it has been served on them. A full hearing follows soon afterwards, usually within a short number of days, where they have a chance to respond.
Do I need evidence of physical violence?
No. Molestation is wider than violence. Following Vaughan v Vaughan, it includes harassment, intimidation, pestering and controlling behaviour that interferes with your peace and well-being. Helpful evidence includes messages, photographs, police references, medical notes and a clear witness statement describing what happened.
What happens if the order is breached?
Breaching a non-molestation order without reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996. The police can arrest the person, and on conviction a court can impose up to five years in prison. If the order is breached, report it to the police straight away and we can help you with enforcement.
How much does it cost, and can I get legal aid?
There is no court fee to apply. Legal aid may be available, subject to your financial means and the merits of your case, and evidence of domestic abuse can help you qualify. We will check your eligibility and explain any costs clearly before you decide whether to proceed.
How long does the order last?
Most orders last between six and twelve months, although the court can make one for longer or until a further order. You can apply to extend it before it expires if you still need protection. If an order has already ended, a fresh application is required rather than an extension.
Will the other person know I have applied?
Not before an urgent without notice order is made. Once it is granted, the order must be personally served on them so they understand what they cannot do, and they have the right to attend the next hearing and respond. We will guide you through service and explain what to expect at each stage.
Last reviewed: June 2026. Reviewed by our family law team. This page is general information about the law in England and Wales and is not legal advice for your specific situation.