1. What is a Non-Molestation Order UK?
A non-molestation order UK is a protective injunction granted by the family court to stop harassment, threats, intimidation, or violence from a partner, ex-partner, or family member. Its purpose is to safeguard victims and children from domestic abuse and give them immediate legal protection.
2. Who Can Apply for a Non-Molestation Order?
You can apply if you are or were in a close personal relationship with the abuser, including:
- Married or civil partners.
- Former partners or spouses.
- Cohabiting partners or ex-partners.
- Parents of a child together.
- Certain family members (siblings, in-laws, parents).
3. Grounds for Obtaining a Non-Molestation Order UK
The court may grant an order if there is evidence of:
- Physical violence or threats.
- Emotional or psychological abuse.
- Stalking or harassment.
- Verbal intimidation.
- Harmful behaviour towards children.
4. How to Apply for a Non-Molestation Order
Steps to apply:
- Fill in Form FL401 (available online or at family courts).
- Provide a witness statement detailing incidents of abuse.
- Submit the application to the court.
- Attend a court hearing unless the judge grants an urgent order without notice.
5. Emergency Applications (Without Notice Orders)
If you are at immediate risk, the court can grant a without notice order. This means the abuser is not told about the application until the order is granted, ensuring your safety.
6. How Long Does a Non-Molestation Order Last?
Most orders last 6 to 12 months but can be extended if the risk continues. The court decides based on the severity and ongoing threat.
7. Cost of Applying for a Non-Molestation Order UK
There is no court fee for applying. Victims may be entitled to legal aid, making representation by a solicitor free or affordable.
8. Enforcement of a Non-Molestation Order
Breaching a non-molestation order is a criminal offence punishable by:
- Arrest without a warrant.
- Up to five years’ imprisonment, a fine, or both.
9. Protection Provided by the Order
The order can stop the abuser from:
- Contacting you directly or indirectly (calls, messages, emails).
- Coming near your home, workplace, or child’s school.
- Harassing, intimidating, or threatening you or your children.
10. Police Role in Enforcement
The police must act immediately if the order is breached. Victims should report violations straight away to ensure enforcement.
11. Effect on Child Custody and Contact
Courts consider child safety when granting the order. In some cases, child contact may be supervised or restricted to protect them from harm.
12. How Long Does the Court Process Take?
- Emergency applications: Same day protection possible.
- Standard applications: Usually resolved within 1–2 weeks.
13. Difference Between Non-Molestation and Occupation Orders
- Non-Molestation Order: Prevents harassment or abuse.
- Occupation Order: Determines who can stay in or return to the family home.
Both can be applied for together if needed.
14. Can the Abuser Challenge the Order?
Yes. The respondent has the right to attend court and present their case. The judge then decides whether to keep, amend, or discharge the order.
15. Renewal or Variation of the Order
Victims can apply to extend or vary the order if abuse continues. The court may also reduce or discharge it if circumstances change.
Frequently Asked Questions
Q1. How long does a non-molestation order UK last?
Usually 6–12 months, but it can be extended.
Q2. Can I apply without a solicitor?
Yes, but legal advice is recommended. Legal aid may cover your costs.
Q3. What happens if the order is breached?
It is a criminal offence, and the abuser can be arrested and imprisoned.
Q4. Can children be included in the order?
Yes, children at risk can also be protected.
Q5. Do I need evidence to apply?
Yes, a witness statement is required, and supporting evidence strengthens your case.
Q6. Can a non-molestation order be granted the same day?
Yes, in urgent cases the court can issue an emergency order.
Conclusion
A non-molestation order UK is a vital legal safeguard for victims of domestic abuse. It provides immediate protection, restricts abusive contact, and ensures strong enforcement by the police. By applying promptly and providing evidence, victims can secure safety for themselves and their children.