What is a Non-Molestation Order and can I get one?

A non-molestation order is a type of injunction in England and Wales designed to protect individuals from harassment or harm by a family member, former partner or someone they’re in a close relationship with. This order falls under the Family Law Act 1996 and aims to prevent abusive behavior by prohibiting the abuser from specific actions.

What is a Non-Molestation Order?

A non-molestation order is a legal injunction that prevents an individual from:

– Using or threatening violence against the applicant or any children involved.
– Harassing, pestering or intimidating the applicant.
– Coming into contact with the applicant, either directly or indirectly, depending on what the court deems necessary for protection.

The order’s specific terms depend on the applicant’s circumstances and the level of protection required. Breaching a non-molestation order is a criminal offence, and the violator can be arrested and face penalties, including imprisonment.

Who Can Apply?

Non-molestation orders are available to those who have a specific type of relationship with the respondent, including:

– Spouses or ex-spouses
– Cohabiting partners or former partners
– Those in an intimate personal relationship of significant duration
– Family members
– Individuals sharing parental responsibility for a child

How to Apply for a Non-Molestation Order

1. Seek Legal Advice:
– Consulting with a family law solicitor is advisable to understand the application process and gather necessary evidence and documentation.

2. Prepare an Application:
– Complete the application form (currently Form FL401) detailing your relationship with the respondent and examples of their behaviour that necessitate the order.
– Provide a written statement supporting your application, outlining incidents of harassment or abuse with as much detail as possible.

3. Application Submission:
– Applications are submitted to the nearest family court. If the matter is urgent, the court may consider an application without notifying the respondent initially, known as a “without notice” or ex parte application.

4. Court Hearing:
– A hearing will typically be scheduled, where the court will review the application and any interim orders if the situation is urgent.
– If an interim order is granted without notice, a subsequent hearing will allow the respondent to present their side.

5. Final Order:
– If the court is satisfied the applicant needs protection, it will grant a non-molestation order specifying the terms and duration.

Emergency Situations

In urgent cases, the court may issue an interim order without notifying the respondent to provide immediate protection. This interim order remains effective until a full hearing can be conducted.

Breach of a Non-Molestation Order

Breaching a non-molestation order is a criminal offence. If the respondent violates the terms, the police should be notified immediately. Legal action can lead to arrest and prosecution, with penalties including fines and imprisonment.

Conclusion

A non-molestation order is a critical legal tool for protecting individuals from harassment and abuse. The process involves legal steps to ensure the applicant’s safety while adhering to judicial procedures. Engaging a family law solicitor can provide essential guidance throughout the application, offering support in articulating the need for protection and facilitating the legal process efficiently. Alexander JLO’s team of expert family Solicitors are on hand to assist with any applications that may be necessary although we should point out that we do not deal with Legal Aid.

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 15th January 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of the capital’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here