Non-Molestation Order (2023)


If you have been subjected to domestic abuse, you may want to apply for a civil injunction or a non-molestation order to protect you and your family from further abuse.

The legal specialists at Ramsdens Solicitors can help you to obtain this protection quickly, and we will act in your best interests to ensure you are safe.

We have helped many people in your position, and our solicitors will act with diligence to ensure you are given the help you need.

We are recognised as a Law Society-accredited Family Law solicitor, which means we are well-placed to offer you assistance at this time.

(Video) Non-Molestation Order and Procedure

Operating from offices across Yorkshire, our team is ready to help you obtain a non-molestation order. Contact us today by calling 01484 821 500 or fill out an online enquiry form, and we will be in touch with you at a time that is suitable, and safe, for you.

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A non-molestation order prevents your partner or ex-partner from using or threatening abuse against you or your children. It will also prevent this person from harassing or pestering you. The order is aimed at ensuring the health, safety and wellbeing of you and your family.

(Video) What is a Non-Molestation Order?

The order can prevent your partner or former partner from coming within a certain distance of your property.

In most cases, the respondent - the individual who the order has been made against - does not know that the order is being applied for. They are only made aware of it when they are served with the order.

There is no set legal definition for domestic abuse and arguably, it has been purposely left to wide interpretation but can include, but not limited to, the following:

  • Coercive control (patterns of intimidation, degradation, isolation and control with the use or threat of physical or sexual violence)
  • Psychological and/or emotional abuse
  • Physical or sexual abuse
  • Financial or economic abuse
  • Harassment and stalking
  • Online or digital abuse.

Non-molestation orders tend to be valid for six or 12 months. A period of 12 months is likely to be appropriate in cases of long-term abuse. A period shorter than six months may be preferred in a case where there appears to be a one-off problem that is likely to subside after a short time, rather than prolonged abuse that has occurred on several occasions.

At Ramsdens Solicitors, we can offer assistance relating to all aspects of non-molestation orders. We will handle your case quickly and with the utmost sensitivity. Legal Aid is also available for applicants in non-molestation order proceedings, if financially eligible.


Firstly, in order to apply for a Non-Molestation Order, you must be an ‘associated person’ for the purposes of Section 62 (3) of the Family Law Act 1996. This list can be summarised as follows:

(Video) How to deal with Non-Molestation Orders in Family Court

  • You are or have been married to the perpetrator
  • You are or have been a civil partner of the perpetrator
  • You are or have been cohabitants
  • You live or have lived in the same household (but note, this does not apply to employer, tenant or lodger)
  • You are relatives (this includes full blood relationship but also includes relationships by marriage e.g. step-father)
  • Have agreed to marry one another (must be evidence of this, e.g. an engagement ring)
  • Have entered into a civil partnership agreement
  • Have had an intimate personal relationship of significant duration (this is assessed on a case by case basis)

If you fall into any of the above categories, you may proceed with an application for a Non-Molestation Order. The relevant application form is FL401. In addition to this, you will be required to submit a Statement in Support. The statement would detail the incidents of domestic abuse that you have been subjected to, with the most recent incident first. For the court to consider making an order, we advise that the most recent incident should be no longer than 2 weeks prior to making the application.

The deadline for the court to consider making an order on the same day is usually around 3.30pm. If the matter is urgent and there is a serious and real threat to life, we can make an application for the court to consider an application out of hours.

The application can be made ‘ex-parte’ which means that an order can be made without the perpetrator of domestic abuse ‘the Respondent’ being notified beforehand. The Respondent will then be served with the order and the court will list a return hearing in which they will have the opportunity to make their own representations about the order.


  • Accept the order with admissions.
  • Accept the order with no admissions – this means that they do not accept the allegations of domestic abuse but are agreeable to the order remaining in place for 12 months.
  • Provide an undertaking – the Respondent can provide an undertaking, which ultimately is a promise to the court that they will not perpetrate domestic abuse. It is important to note that the court will only accept this if you are also agreeable. An undertaking is only advisable in certain circumstance, as there is no power of arrest attached to it.
  • Contest – the Respondent may contest the order. If the Respondent contests the order, the matter would be listed for a further hearing. At this stage, the Respondent would be able to file their own statement, and you would also have an opportunity to file a further statement. It may also be necessary to obtain police disclosure.


If you want to issue a non-molestation order against a partner or former partner, you will need to do the following:

  • Check if you are eligible to apply by speaking to a solicitor about your circumstances who will be able to advise you on the next steps to take
  • Download and fill in an application form (form FL401) and make two copies
  • Write your witness statement to tell the court what has happened and ask for the relevant order
  • At the end of the witness statement, write a statement of truth. You should use the following words: “I believe that the facts stated in this witness statement are true.” Sign and date the statement of truth.
  • Download and fill in this form if you want to keep your address and telephone number private.
  • Deliver or send all the documents to your solicitor, who will then issue the order


There are a number of routes available if the Respondent breaches the terms of the Non-Molestation Order.

The Non-Molestation Order has a power of arrest attached to it, which means that if the Respondent breaches the order, you can call the police and the Respondent will be arrested. The police will have also been served with a copy of the Non-Molestation Order and therefore, it will be on their records.

(Video) The Effect of the Restraining Order on the Narcissist

The Respondent can face up to 5 years imprisonment and/or a fine, dependant on the seriousness of the breach.


There is no court fee for the application, however there are fees associated with the application if you choose to instruct a solicitor to assist.

Where there has been domestic abuse, you may be eligible for public funding, which is referred to as ‘Legal Aid’. In order to ascertain whether or not you would be eligible for funding, we would need to ask you a number of questions including what benefits you are receiving, details of your employment and income and capital considerations such as whether you have savings, a property or a car. We would also require 3 months bank statements so that we could review your income and outgoings and assess the merits of applying for Legal Aid. You would be required to provide documentary evidence of your financial circumstances to us prior to the application being made.

If you are receiving income from employment but also receive a passported benefit such as Universal Credit then it may be that the Legal Aid Agency will pay towards your legal costs, however they may not fully fund your fees.


Non-molestation orders are usually for a specified period of time. They can be renewed, or they may be made to last until a further order is given.

There is no time limit on the period of time that a non-molestation order can be extended for.

(Video) Vlog : Non-Molestation Order

If you are in immediate danger, and you require an emergency non-molestation order, you can apply for this without notice. This can be particularly helpful if you require immediate protection.


How do I get around a non molestation order? ›

Disputing an Ex Parte Non-Molestation Order is a legal process that can be performed by either you or the other party involved in the case. You will need to gather all of the documents and evidence that supports your case and file a petition with the court.

What happens if the victim breaks a restraining order UK? ›

Breaching a protective order is an offence. The maximum sentence is five years' custody. The court will calculate the sentence by assessing the offender's culpability and the harm caused by the offence, as well as taking into account any aggravating or mitigating factors.

What happens if the respondent does not show up to family court UK? ›

27.5. (1) Where a party does not attend a hearing or directions appointment and the court gives judgment or makes an order against him, the party who failed to attend may apply for the judgment or order to be set aside(GL). (2) An application under paragraph (1) must be supported by evidence.

Can you find out if someone has a restraining order UK? ›

Restraining orders post-acquittal become spent immediately under the Rehabilitation of Offenders Act. It would not be disclosed on basic or standard criminal record checks but may be disclosed under Police Intelligence on an enhanced check, if it is deemed relevant.

Can you get in trouble for being around someone you have a restraining order against? ›

You can't violate the order that is against the other person. If you call or go to see them because you need to talk about the kids or something else, you are not violating the Order. But if the order says they can't contact you and they do so anyway, then they are violating the order.

What happens if the victim violates the order of protection in MN? ›

What is the punishment for violating the order? In Minnesota, if a person is guilty of a misdemeanor violation, s/he could be imprisoned for up to 90 days, fined up to $1,000, or both. If s/he is found guilty of a gross misdemeanor violation, s/he could be imprisoned for up to one year, fined up to $3,000, or both.

What happens if the victim violates the order of protection NY? ›

If a Family Court order of protection is violated, the respondent can be arrested by the police and charged with Criminal Contempt as either a misdemeanor or felony. A conviction can lead to jail or even time in a New York State prison. Make no mistake.

How do you impress a judge in court? ›

6 Tips to Make a Good First Impression in Court
  1. Know the judge.
  2. Be organized with your paperwork.
  3. Dress Appropriately.
  4. Stay calm in front of the jury.
  5. Keep eye contact with the jury.
  6. Don't be late to court.

How to impress a family court judge? ›

10 Ways to Impress Your Family Law Judge
  1. Wear a hat. ...
  2. Display your righteousness. ...
  3. Express your individuality. ...
  4. One word: cleavage. ...
  5. Assist the judge in recognizing when the other side is being an idiot. ...
  6. Interrupt the judge while he's speaking. ...
  7. Keep the focus on yourself when it is not your turn to speak.

What happens if someone never shows up in court? ›

Bench and Probation Warrants

If you don't appear before the court, the judge may issue a bench warrant or probation warrant to arrest you for failure to appear in court. Your absence may also be in contempt of court if the judge believes you skipped on purpose.

Who says order in the court? ›

Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the judge in open court, and are only reduced to writing in the transcript of the proceedings.

What is a no contact order UK? ›

A No Contact Order is intended to reduce direct, purposeful contact between the parties concerned, in person and online including social media.

What are the reasons for a restraining order in Illinois? ›

What is a protective order? A court order that requires the person who caused harm, called the respondent or the offender, to stay away from the person they sexually assaulted or sexually abused, committed domestic violence against, or stalked.

Can a victim drop a restraining order UK? ›

In short, yes. If you are a person protected by a restraining order, you can apply to the court to have it discharged/revoked.

What happens if the victim violates a no contact order UK? ›

If the contact continues, it could possibly be illegal and the victim making the contact could be charged with criminal harassment. A defendant that responds to unwanted communication from a victim can be charged with breaching the no contact order, whether he/ she responds to the communication directly or indirectly.

What is a no contact order in Wisconsin? ›

A restraining order is a court order that orders someone not to hurt you, to stay away from you, move out of the house, have no contact with you, or stop harassing you.

What happens if the victim violates the order of protection in Tennessee? ›

In Tennessee, a person who violates the terms of an order of protection may be arrested and subjected to criminal charges.


1. False Non Molestation Allegations against men: Johny Depp Vs Amber Heard
(Court Help Limited)
2. What to do when you have been served with a Non Molestation Application made against you
(Court Help Limited)
3. Is Non Molestation Order misused?
(Court Help Limited)
4. "Dealing with False Allegations in Non Molestation Orders: A Comprehensive Guide"
(Modern Family Law Help4u)
5. What does a Non Molestation Order Look Like? The Family Court Kick Ass McKenzie Friend Phil Kedge
(McKenzie Friend)
6. Can a Non Molestation Order last forever | Court Help Limited
(Court Help Limited)


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