Non-Molestation Order

A Non-Molestation Order is a type of injunctive order issued by the Courts of England and Wales to protect someone who has experienced domestic abuse. 

A Non-Molestation Order prohibits the person named in the Order (the ‘Respondent’) from harassing, intimidating, threatening, or using violence against the person who sought the order (the ‘Applicant’), or any relevant child/ren.  

What is a Non-Molestation Order?

A Non-Molestation Order is a type of injunctive order issued by the Courts of England and Wales to protect someone who has experienced domestic abuse.

A Non-Molestation Order prohibits the person named in the Order (the ‘Respondent’) from harassing, intimidating, threatening, or using violence against the person who sought the order (the ‘Applicant’), or any relevant child/ren.  The order is designed to prevent further harm and provide reassurance for those experiencing or at risk of domestic abuse.

This order can be applied for as part of urgent protective measures, and if granted, it becomes a criminal offence for the respondent to breach its terms.

Non-Molestation Order vs Restraining Order

The main difference between Non-Molestation Orders and Restraining Orders (which are predominantly made by the Criminal Court using powers granted by the Protection from Harassment Act 1997), is that to be eligible to apply for a Non-Molestation Order, an Applicant and Respondent must be ‘associated persons’.

Whilst the definition of an ‘associated person’ is wide, such persons are defined by The Family Law Act 1996 and this relationship must be identified within the application.  

While both orders are designed to protect against harassment or abuse, they are used in slightly different circumstances. Here are some of the key differences:

Non-Molestation Order:
– Made by the Family Court
– Requires the parties to be associated persons
– Civil application, no criminal conviction required
– Breach is a criminal offence

Restraining Order:
– Made by the Criminal Court
– No relationship between the parties required
– Usually follows a criminal conviction or charge
– Breach is a criminal offence  

Non-Molestation Orders should be tailored depending on the circumstances of the application but can include provisions such as preventing the Respondent from contacting the Applicant (directly or indirectly including via social media and messaging services etc); coming within a certain distance of the Applicant’s home or workplace, or a relevant child/ren’s school/nursery.  

Such Orders also prohibit the Respondent from instructing or encouraging any third party from doing any of the things they are prohibited from doing. 

Whilst a Non-Molestation Order is intended to provide a level of protection to the Applicant (and any other person/s named within the Order), the Applicant’s need for protection must be balanced with the Respondent’s rights and accordingly, the provisions of any Order must be proportionate.  

In exceptional circumstances, a Non-Molestation Order can be issued on a ‘without notice’ basis (also referred to as ‘ex-parte’) against the Respondent if the Court is satisfied that it is ‘just and convenient’ to make such an Order.   

Non-Molestation Orders made without notice to the Respondent should not prohibit a Respondent from returning to their home or place of work etc without significant justification and very careful consideration by the Court.  

When deciding whether to make an Order ‘without notice’ the Court needs to consider all of the circumstances including any risk of significant harm to the Applicant or relevant child if the Order were not made immediately; whether the Applicant would otherwise be deterred or prevented from pursuing the application and/or where there is reason to believe that the Respondent is aware of the proceedings, but is deliberately evading service and delaying the application would be prejudicial. 

A ‘without notice’ Non-Molestation Order is usually made on a temporary basis and is subject to review at a later hearing when both parties can attend and present their cases to the Court. Wherever possible, return date hearings should take place within 14 days of the initial hearing. 

Non-Molestation Orders can be made for a fixed period, such as six months or a year, or until the Court decides otherwise. 

Applying or Disputing a Non-Molestation Order

If you feel you are at risk of harm, harassment, or abuse from someone you are or were in a relationship with, you can apply for a non-molestation order through the Family Court. Here’s how the process typically works:

• Seek legal advice to ensure you are eligible and to help prepare your application
  • Complete the application form
  • Decide whether to apply ‘without notice’, meaning the other person won’t be informed until the order is made
  • Submit the application to the Family Court, either online or in person
  • Attend a hearing, where a judge will consider your evidence and may grant an order, either temporarily or following a full hearing
  • Serve the order on the respondent, usually with help from a court bailiff or process server
  • The order takes effect, and any breach becomes a criminal offence

If you have been served with a non-molestation order and you believe it is unjustified, it is important to act quickly and seek legal advice. The steps below outline what to expect:

• Read the order and accompanying documents carefully, noting any hearing dates and restrictions
  • Comply with the order in the meantime breaching the order is a criminal offence, even if you plan to challenge it
  • Speak to a solicitor to help you prepare your response
  • Submit a statement explaining your version of events and any evidence to support your position
  • Attend the court hearing where both sides will present their case
  • Ask the court to discharge or amend the order, depending on the outcome of the hearing

Non-Molestation Order Solicitors

We understand how urgent and emotional situations involving domestic abuse can be. Whether you need protection or have been served with an order you wish to challenge, our experienced domestic abuse solicitors are here to help.

We can support you with non-molestation orders through:

• Providing clear, confidential advice
  • Preparing applications on your behalf
  • Taking urgent action for emergency ‘without notice’ applications
  • Representing you at court hearings
  • Supporting you with related matters
• Providing you with ongoing legal support

Our Experience in Non-Molestation Orders

At Walker Family Law, we have significant experience supporting clients through the process of applying for or responding to non-molestation orders. Our team of domestic abuse solicitors regularly deals with these sensitive cases and understands the emotional impact and legal complexity involved.

With Walker Family Law, you’ll be supported by a team who not only knows the law, but understands the importance of emotional support through these matters.

If you need to obtain a Non-Molestation Order, it is crucial to seek the advice of an experienced family law solicitor who can guide you through the legal process and make sure your rights are protected.  

We are dedicated to approaching each client as a unique individual, ensuring your case receives the highest level of compassion and confidentiality. Reach out to us today to arrange a consultation with one of our skilled family law and domestic abuse solicitors.