What is a non-molestation order?

If you are being harassed, threatened, or made to feel unsafe by a partner, ex-partner, or family member, a non-molestation order is one of the main legal protections available to you in England and Wales. It is a civil order, meaning it is separate from any criminal case, and it exists specifically to stop someone from behaving in a way that causes you or your child harm or fear.

What a non-molestation order actually does

A non-molestation order is made by the family court under the Family Law Act 1996. It prohibits the person named in the order (the "respondent") from certain behaviour towards you and, where relevant, your children. This typically covers:

• Using or threatening violence
• Intimidating, harassing, or pestering behaviour
• Direct or indirect contact — including by phone, text, email, or through third parties
• Coming within a specified distance of your home, workplace, or your child's school

Every order is written to fit the specific situation, so the exact restrictions vary from case to case.

Who can apply

You can apply if you are an "associated person" in relation to the respondent. This is a defined legal category, and it is broader than most people expect. It includes:

• Current or former spouses and civil partners
• Current or former cohabitants
• People who are or have been in an intimate personal relationship of significant duration
• Close relatives, including parents, children, and siblings
• People who share, or have shared, parental responsibility for the same child

Non-molestation order vs occupation order

These two orders are often confused, but they do different things. A non-molestation order controls someone's behaviour towards you. An occupation order deals with who can live in, or must leave, a particular home. It is common for both to be applied for together, particularly where the respondent still lives in the family home.

How the application process works

1. Preparing a statement. You will need to set out, in your own words, what has happened and why you need protection. This document carries real weight, so it needs to be clear, specific, and accurate.
2. Deciding whether to apply "without notice". In urgent situations, it is possible to apply without telling the respondent in advance, so the order is in place before they are even aware of the application. This is only appropriate in certain circumstances.
3. The court hearing. A judge considers the evidence and decides whether to grant the order, and on what terms.
4. Service on the respondent. For the order to be enforceable, it generally needs to be formally served on the respondent, along with a power of arrest attached in most cases.

What happens if the order is breached

Breaching a non-molestation order is not just a civil matter — since the Domestic Violence, Crime and Victims Act 2004, it is a criminal offence in its own right. A breach can lead to arrest and a criminal prosecution, with a maximum sentence of five years' imprisonment, separate from any contempt of court proceedings in the family court.

Legal aid and costs

Non-molestation order applications are one of the areas where legal aid may still be available, subject to a means and evidence test. This is worth checking before you commit to any paid route, and it is one of the first things to raise in an initial conversation about your situation.

Where a consultant fits in

As a family law consultancy, GKB Legal is not a firm of solicitors or barristers in independent practice, and does not provide representation in court proceedings. What this kind of support can offer is help understanding whether an application is likely to succeed, guidance on what to include in a statement, and drafting assistance — so that you go into the process, whether representing yourself or working with a solicitor, properly prepared.