Non-molestation orders: what they are and how the process works

If you are experiencing harassment, threats or abusive behaviour from someone close to you, a non‑molestation order may be one of the options available to help protect you and your family. These orders are regularly used by the Family Court to help prevent certain behaviour and provide protection where needed.

Every case is different and the court will always look at the individual circumstances involved.

What is a non‑molestation order?

A non‑molestation order is a type of injunction which places restrictions on another person’s behaviour. For example, it may prevent someone from contacting you, threatening or intimidating you, attending your home or workplace, or communicating through social media or third parties.

Breaching a non‑molestation order is a criminal offence and can result in arrest.

Who can apply?

Applications can only be made against someone who is legally considered to be “associated” to you. This can include a current or former spouse or partner, a family member, someone you have been in an intimate relationship with, or the other parent of your child.

How does the process work?

Applications are made to the Family Court using Form FL401 and there is currently no court fee payable.

The process usually involves preparing an application and supporting statement, filing the papers with the court and attending a hearing. The supporting statement is an important document as it explains the background and the concerns relied upon.

In some cases, the court may be prepared to make an order urgently and without notifying the other person beforehand. This is generally limited to situations where there is considered to be an immediate risk of harm. If an order is made without notice, the court will usually arrange a further hearing shortly afterwards so both parties can attend and the court can reconsider the matter.

Where the court does not consider an urgent order appropriate, it will normally list the matter for both parties to attend from the outset.

What does the court consider?

The court will usually focus on behaviour and risk, rather than whether there has been a criminal conviction.

Evidence can take many forms, including written accounts of incidents, messages or emails, police involvement, photographs or medical records. The court may also consider evidence from other witnesses where appropriate.

Clear and focused evidence is often important in helping the court understand the circumstances.

How long does an order last?

Non‑molestation orders are commonly made for a limited period, often between 6 and 12 months, although this depends on the circumstances of the individual case. In some situations, orders may be extended if ongoing protection is considered necessary.

How we can help

Our family team regularly advises clients in relation to non‑molestation orders and related injunctions. We understand that these situations are often sensitive and emotionally difficult.

We can assist with advising on the available options, preparing applications and supporting documents, representing clients at court hearings and advising in relation to enforcement issues and alleged breaches.

If you would like to discuss your circumstances with a member of our team, please contact us.