What Is a Non-Molestation Order? Plain Answers to Common Questions
Updated: Oct 23
Last updated: 23 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: A non-molestation order is a family court order that stops a named person from using or threatening violence against you or your child, or from harassing, intimidating or pestering you. It's made under section 42 of the Family Law Act 1996. You can apply against a partner, ex, relative or someone you've lived with. There's no court fee, and breaking the order is a criminal offence.
Key facts | Non-molestation orders in England and Wales |
What it is | A civil court order protecting you or a child from molestation (Family Law Act 1996, s42) |
Who can apply | An "associated person", such as a partner or ex, spouse, relative, someone you live or lived with, or your child's other parent |
Form | FL401, on paper or prepared online through RCJ Citizens Advice CourtNav |
Court fee | None (GOV.UK, checked 23 October 2026) |
Emergency order | Possible without telling the other person first (s45) |
How long it lasts | For a set period or until further order, as written on the order (s42(7)) |
If it's broken | A criminal offence with up to 5 years' prison (s42A), or contempt of court, but not both |
What is a non-molestation order?
A non-molestation order (often shortened to NMO) is an injunction made by the family court under section 42 of the Family Law Act 1996. It orders a named person, called the respondent, not to molest the person who applied (the applicant) or a child. The Act doesn't define "molestation", but it covers far more than physical violence. Threats, harassment, intimidation, pestering, controlling behaviour and unwanted contact in person, by phone, by message or online can all be covered.
A non-molestation order can ban molestation in general, particular acts, or both (section 42(6)). Typical terms stop the respondent from:
using or threatening violence against you or your child
harassing, intimidating or pestering you
contacting you directly, through other people or on social media
coming within a set distance of your home or workplace
A non-molestation order protects people. It doesn't decide where children live or who they spend time with; that's a child arrangements order, applied for on form C100. An NMO can still affect how contact happens in practice, which we explain in Can a non-molestation order stop me seeing my child?.
What does a non-molestation order mean in plain English?
In plain English, a non-molestation order means the court has told one person to leave another person alone. The order spells out exactly what the respondent must not do, and it's legally binding from the moment they know about it. Only the respondent has to obey it. The applicant isn't bound by the order, although either person can ask the court to change or end it.
How does a non-molestation order work?
Once the order has been made and the respondent knows about it, they must obey every term. The court sends a copy of the order to your local police station (or the station named in the order). If the respondent breaks it, you can call the police, and the respondent can be arrested. For a fuller guide to applying and responding, see Non-molestation orders: how to apply, respond and contest one.
Who can apply for a non-molestation order?
You can apply if the respondent is "associated" with you under section 62 of the Family Law Act 1996. GOV.UK lists these relationships:
a spouse or civil partner, or a former spouse or civil partner
a fiancé, fiancée or proposed civil partner (or a former one, if the engagement or agreement ended less than 3 years ago)
a boyfriend, girlfriend or partner you are or have been in a relationship with
a close family member, such as a parent, brother, sister, aunt or uncle
someone you live or have lived with
the other parent of your child or grandchild, or someone who shares parental responsibility with you
A child under 16 needs the court's permission to apply. If you're already in family proceedings, the court can also make an order without a separate application where it thinks one is needed for another party or a child (section 42(2)(b)). If the person isn't associated with you, such as a neighbour, a different kind of injunction may be needed instead. If you're worried about domestic abuse, you may also want to read about occupation orders, which decide who can live in the family home.
Are non-molestation orders free? How much do they cost?
There is no court fee to apply for a non-molestation order. GOV.UK confirms this (checked 23 October 2026). If you need to extend, vary or end an order later, you use form FL403; check the current position on fees with the court when you apply.
The cost comes from legal help, if you choose to pay for it. Solicitors, barristers and paralegals all charge for their time unless you're eligible for legal aid, which may be available in domestic abuse cases if you meet the conditions (you can check on GOV.UK). If you can't get legal aid or pay for advice, RCJ Citizens Advice can check an online CourtNav application for free. You don't have to have a lawyer at all: you can represent yourself as a litigant in person. Respondents can find practical pointers in our tips on defending a non-molestation application.
How do you apply for a non-molestation order?
You apply on form FL401, "apply for a non-molestation or occupation order". You also need a supporting statement explaining what has happened. You can use the template that comes with the form or write your own, but a statement you write yourself must end with a signed and dated statement of truth. You can keep your address and phone number private by filling in form C8. Our guide to writing a clear position statement has tips on setting out events clearly.
You can prepare the application online through the RCJ Citizens Advice CourtNav service, or complete the paper form and email, post or hand it in to a court that deals with domestic abuse cases. If you fill in the forms by hand, check the last page of the FL401 for how many copies the court needs. You can ask for the hearing to take place by video or phone when you apply, giving your reason.
How to apply at a glance | What happens |
1. Prepare the application | Complete form FL401 and a signed supporting statement, or use CourtNav online |
2. Keep your details private | Use form C8 if you don't want your address or phone number shared |
3. Ask for emergency protection | Ask for a without-notice order if you need protection straight away, and explain why |
4. Send it to court | Email, post or hand it in to a court that deals with domestic abuse cases |
5. Court fee | None |
6. Serve the respondent | In person, but not by you: use a solicitor, the court (form D89, free) or a process server |
7. The hearing | The court may accept an undertaking, make a short-term (interim) order, or make a full order |
8. Extend or change it | Form FL403, before the order ends |
What is the difference between a without-notice and an on-notice application?
A without-notice application (also called ex parte) is heard without the respondent being told first. Under section 45 of the Family Law Act 1996 the court looks at whether there's a risk of significant harm to you or a child if the order isn't made straight away, whether you'd be put off applying if the respondent knew, and whether the respondent is deliberately avoiding being served. You must still attend the hearing, and the respondent must be told about the order afterwards. An emergency order usually lasts until the full hearing, where the respondent has the chance to give their side (section 45(3)).
An on-notice application means the respondent is told about it and can come to the hearing. At the end of a hearing the court may ask for more information and make a short-term (interim) order in the meantime, make a full order, accept an undertaking, or make no order. Read more about the impact of ex parte orders.
An undertaking is a formal promise to the court. It's enforceable as if the court had made an order in the same terms, but breaking it isn't the criminal offence under section 42A, and no power of arrest can be attached. The court can't accept an undertaking instead of an order where the respondent has used or threatened violence against the applicant or a child and an order is needed so that a breach can be punished as a crime (section 46(3A)).
Are non-molestation orders easy to get?
The application itself is fairly simple and free, but whether an order is made is always the court's decision. Under section 42(5) the court considers all the circumstances, including the need to secure the health, safety and well-being of the applicant and any child. Your signed statement is evidence, and things like messages, photographs, medical notes or police reports can support it.
At an emergency hearing the court acts on what the applicant says and the risk described; it isn't deciding who is telling the truth. If the respondent disputes the allegations, the court may need to decide what happened, sometimes at a separate hearing, before it makes a final order. That's why some cases need more than one hearing.
Who issues non-molestation orders?
Non-molestation orders are made by the Family Court in England and Wales. Depending on the case, the application may be heard by magistrates, a district judge or a circuit judge. Hearings are usually held in private, sometimes called "in chambers".
Who serves a non-molestation order, and how?
The respondent must be served, which means given a copy of the order and your statement in person. GOV.UK is clear that you should not serve the documents yourself. If you have a solicitor, they'll arrange it. Otherwise you can ask the court to serve the papers for free by filling in form D89, or pay a professional process server. If you don't know where the respondent is, tell the court rather than trying to deliver the papers yourself. If you've been served, our guide on what to do when a non-molestation application is served on you explains your options.
For an order made without notice, the respondent only commits the criminal offence of breach for things done after they knew about the order (section 42A(2)).
How long does a non-molestation order last?
A non-molestation order can be made for a specified period or until further order (section 42(7)). There is no fixed standard length in the law; the judge decides and the order states how long it lasts. An emergency order made without notice usually lasts until the full hearing.
If your order is ending and you still need protection, you must apply to extend it before it ends, using form FL403. The court usually lists a hearing within 3 weeks of receiving the application. If the order has already ended, you have to make a new application. Either person can also use form FL403 to ask the court to vary or discharge (end) an order. See Can non-molestation orders be extended?.
How long does a non-molestation case take?
Timescales vary from court to court, so treat these as typical rather than guaranteed. Emergency without-notice applications are dealt with urgently, often within days. A full hearing is then listed when the court has a date, which can be a few weeks away. Cases take longer where the facts are disputed and a further hearing is needed, or where one side later applies to extend, vary or end the order.
Do non-molestation orders work? What happens if one is broken?
A non-molestation order works because breaking it has real consequences. Under section 42A of the Family Law Act 1996, a respondent who does anything the order forbids, without reasonable excuse, commits a criminal offence. The maximum sentence is 5 years' imprisonment, a fine or both in the Crown Court, with lower limits in the magistrates' court. Breaking the order has been a criminal offence since 1 July 2007.
A breach can be dealt with either as a crime or as contempt of court, but not both for the same conduct (section 42A(3) and (4)). Contempt is dealt with by the family court and isn't itself a criminal conviction. If the order is broken, call the police, keep a note of what happened and when, and save any messages. Read more in What happens if you breach a non-molestation order?.
Are non-molestation orders public?
No. Non-molestation hearings are held in private. Usually only the parties, their legal representatives and court staff attend. Under the Family Procedure Rules (rule 27.11), accredited journalists and some authorised lawyers can attend most private family hearings, but the court can exclude them, for example to protect a child or keep a party safe, and what can be published about family cases is strictly limited.
If you want someone with you, such as a McKenzie friend or a supporter, ask the court for permission. If you asked for an interpreter when you applied, the court provides one.
Are non-molestation orders confidential?
Non-molestation orders are confidential in the sense that they aren't published and the hearing is private. The people who know about the order are usually the court, both parties, their lawyers and the police, who receive a copy so they can act on a breach. Don't share court papers or post details of your case online without checking first, as this can be contempt of court. You can also keep your address private by using form C8.
Will a non-molestation order show on a DBS check?
A non-molestation order is a civil order, not a criminal conviction, so it isn't a criminal record in itself. An enhanced DBS check can, however, include information from police records that a chief officer of police considers relevant, which could include police involvement linked to the order. A conviction for breaching the order is a criminal record.
What law covers non-molestation orders?
Non-molestation orders were introduced by Part IV of the Family Law Act 1996, which is still the law in England and Wales. The main sections are section 42 (the order), section 42A (the offence of breach, added by the Domestic Violence, Crime and Victims Act 2004), section 45 (orders without notice), section 46 (undertakings) and section 62 (who counts as an associated person).
In some areas, a newer domestic abuse protection order (DAPO) is also available. GOV.UK says you can currently apply for one only if the person you need protection from lives in Greater Manchester, Croydon, Bromley, Sutton, Hartlepool, Middlesbrough, Redcar and Cleveland, Stockton-on-Tees or North Wales.
Do non-molestation orders apply in Northern Ireland, Scotland or elsewhere in the UK?
Court Help Limited works only on the law of England and Wales. Northern Ireland also has non-molestation orders, but they come from different legislation and the court process differs. Scotland has its own separate system of protective orders. If you live in Scotland, Northern Ireland, the Isle of Man or another Crown Dependency, please get advice from a legal professional there.
What are the common concerns about non-molestation orders?
Non-molestation orders give important protection to people at risk of abuse. Like any court process, they also raise concerns, and both applicants and respondents can find the experience stressful.
Some respondents worry that an order can be made before they've been heard, that the other side may have legal aid while they don't, or that the order rests on allegations they dispute. The law has safeguards. After a without-notice order the respondent gets a full hearing (section 45(3)), can ask the court to set aside or vary the order, and can ask for disputed facts to be decided. Either party can apply not to be questioned by, or have to speak to, the other party at a hearing (forms EX740 and EX741). Where section 46(3A) allows, the case can sometimes end with an undertaking rather than an order.
For a closer look at this debate, see Non-molestation orders: misuse of law or necessary protection?.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We are not solicitors and we do not represent clients in court. We help both applicants and respondents with the paperwork: FL401 applications, supporting statements, FL403 applications to extend, vary or end an order, position statements and court bundles.
Email us at help@incourt.co.uk or use the contact form on our website. You can read what clients say about us in our Google reviews. If you're in immediate danger, call 999.
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Frequently asked questions
Can a non-molestation order be made without me knowing?
Yes. The court can make an emergency order without notice under section 45 of the Family Law Act 1996. You must then be given the chance to put your side at a full hearing, and you only commit the offence of breach for things you do after you know about the order.
Does the person who applied have to obey the order too?
No. A non-molestation order binds only the respondent. If you're the respondent and you need protection from the applicant, you can make your own application, sometimes called a cross-application.
Is there a fee to apply for a non-molestation order?
No. There's no court fee to apply for a non-molestation order on form FL401 (GOV.UK, checked 23 October 2026). You only pay if you choose to pay for legal help.
How long does an emergency non-molestation order last?
An emergency order made without notice usually lasts until the full hearing, when the court decides whether to make a longer order, accept an undertaking or make no order.
Is breaking a non-molestation order a crime?
Yes. Breaking a non-molestation order without reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996, with a maximum of 5 years' imprisonment. It can instead be dealt with as contempt of court, but not both.
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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