Everything You Need To Know About Non Molestation Orders.

A non-molestation order can protect someone from abuse, threats, intimidation or harassment by an associated person. If you are frightened about what a partner, former partner or family member might do next, understanding the available protection and how to apply is often more important than understanding legal terminology.

In England and Wales, an order can prohibit specified conduct and can be obtained urgently when the circumstances justify it. This updated guide explains the process in 2026, what evidence can help and what happens when an order is breached. If you or someone else is in immediate danger, call 999 rather than waiting to arrange a civil court application.

What is a non-molestation order?

A non-molestation order is an injunction made under Part IV of the Family Law Act 1996. It can prevent a person from threatening, intimidating, harassing or otherwise molesting an applicant or relevant child. The order will specify the behaviour prohibited and may set limits on contact or approaching particular locations.

The term ‘molestation’ is not restricted to physical violence. Depending on the facts, repeated unwanted messages, coercive behaviour, threats, surveillance and abusive conduct can be relevant. The court considers the applicant’s circumstances and the need to secure their health, safety and wellbeing.

A non-molestation order differs from an occupation order. The latter addresses occupation of the family home, including who may live there. A person may need one order or both, depending on their situation. The current FL401 guidance explains the difference.

Who can apply and what does it cost?

An applicant must have a legally recognised connection with the respondent, such as being spouses, former spouses, civil partners, former partners, cohabitants or certain family members. Other forms of association may qualify. Whether a particular relationship meets the statutory definition should be checked before an application is issued.

There is no court application fee for an FL401 non-molestation order. That does not mean every case has no cost: solicitor representation and obtaining evidence may involve fees, although legal aid can be available for eligible applicants. A person should ask about funding and the likely scope of legal work at the outset.

The availability of domestic abuse protection orders is not identical to that of ordinary non-molestation orders. In 2026, DAPO arrangements are subject to a pilot operating only in specified locations. Applicants elsewhere should not assume that route is open to them. GOV.UK’s injunction guidance identifies the areas.

How to apply for a non-molestation order

An application normally uses form FL401 with a supporting witness statement. Explain the incidents clearly and chronologically: dates, words used, threatening communications, injuries, witnesses and the impact on the applicant or child. Screenshots, police reference numbers and medical records can be relevant, but it is not necessary to produce every possible type of evidence.

The application can be made by an eligible person without a solicitor, but independent legal assistance is useful if the history is complicated, urgent protection is needed or the respondent may challenge the account. The court must assess what protection is justified, not simply accept an untested allegation as conclusive.

If giving notice would create a risk of significant harm or undermine protection, the court may consider an application without notice. Such orders are not automatic and will usually require further court arrangements so that the other person can respond. Any allegations and requests for urgency must be frank and accurate.

What happens if an ex-partner keeps sending threatening messages?

A parent receives repeated threatening messages from a former partner and is concerned about unannounced visits to the family home. They retain messages, note recent incidents and seek advice about an FL401 application. The court considers whether an injunction is necessary and which restrictions are proportionate. The applicant should also seek immediate police help if at risk.

How long does the order last and what if it is breached?

There is no single standard duration for every non-molestation order. The judge considers the evidence and can specify a period or make appropriate provision for its continuation. Applicants should read the operative terms carefully rather than assume an order will continue indefinitely.

Breach of a non-molestation order without reasonable excuse is generally a criminal offence under section 42A of the Family Law Act 1996. Police involvement may therefore be appropriate, particularly if there are threats or immediate danger. Civil enforcement routes may also be relevant in specific circumstances; the choice of route requires care to avoid duplicate proceedings.

Keep a copy of the sealed order, record new incidents promptly and inform the police or legal adviser about suspected breaches. Do not assume that an attempted reconciliation automatically cancels the court order; seek an appropriate variation or discharge if circumstances materially change.

When should you involve a family solicitor?

Legal advice is particularly helpful where protection is urgently required, a witness statement must be prepared quickly, child contact arrangements are affected or there is a dispute about ownership or occupation of the property. Applicants may need an occupation order or other arrangements alongside the injunction.

A respondent who disputes the allegations should also take prompt advice and comply with any existing order while the proceedings are addressed. Communication through solicitors can help reduce the risk of further conflict, but must not replace protective measures where a person is unsafe.

Britton and Time’s family law team can explain the legal options, the likely court steps and how a particular order interacts with children or housing arrangements. Contact us for an initial discussion.

Common questions

Can I apply if there has been no physical assault?

Potentially, yes. Threats, harassment, coercive behaviour and other non-physical abuse may be relevant. The court assesses the particular relationship and evidence.

Will the respondent attend the first hearing?

Some cases are heard on notice; sufficiently urgent applications may be considered without prior notice, followed by further proceedings where appropriate.

Does an order determine where children live?

No. It is protective relief, not a substitute for a child arrangements order. Other orders may be needed.