How to Vary, Extend or Discharge a Non-Molestation Order
Updated: Oct 23
Last updated: 23 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: To vary, extend or discharge a non-molestation order, you apply to the court that made it on form FL403. You must apply while the order is still in force. Either the person protected or the person the order is made against can apply. The court will usually hold a hearing, and it'll look at whether the order is still needed to protect the applicant or a child.
Key facts about varying a non-molestation order
Topic | The position in England and Wales |
Form | FL403, to vary, extend or discharge an existing order |
When to apply | While the order is still in force (GOV.UK) |
Who can apply | The applicant or the respondent in the original case |
Keeping your address private | Leave your details off the form and complete form C8 instead |
Hearing | Usually, though the court can deal with some applications without one |
Serving the papers | Personal service, not by the applicant; ask the court to serve or use a process server |
The law | Family Law Act 1996, Part IV (non-molestation orders, s42) |
What is a non-molestation order?
A stop sign, representing the limits a non-molestation order sets
A non-molestation order is a family court injunction made under section 42 of the Family Law Act 1996. It protects someone (the applicant), and sometimes a child, from being harassed, threatened, intimidated or abused by the person the order is made against (the respondent).
An order can stop the respondent from contacting the applicant, directly, indirectly or online, from coming near them, or from going to their home or workplace. For a full guide, see our article on non-molestation orders.
Who can apply for a non-molestation order?
A distressed man sitting on a sofa holding his head, a reminder that abuse can affect anyone
You can apply for a non-molestation order against someone you're "associated" with under section 62(3) of the Family Law Act 1996. That includes someone who:
you're married to or in a civil partnership with, or were in the past
you live with or have lived with as a couple, or in the same household (other than as a tenant, lodger or employee)
is a relative, such as a parent, child, brother, sister, aunt, uncle or grandparent
you're engaged to or were engaged to (an application based on an ended engagement must usually be made within three years of it ending)
you have or have had an intimate personal relationship with that is or was of significant duration
is the other parent of your child, or has had parental responsibility for your child
is a party to the same family proceedings as you
The law doesn't set a minimum number of months for a relationship to count. It just has to be of "significant duration".
Special rules also apply where a child has been adopted, or placed for adoption.
Can I apply to vary a non-molestation order?
Illustration of a legal consultation, for the section on applying to vary an order
Yes. You use form FL403 to ask the court to:
extend the order, so it lasts longer
vary the order, so its terms change
discharge the order, so it ends early
Below we answer the questions people ask us most about all three.
What if I want to keep my personal details private?
Illustration of a woman at work, for the section on keeping your details private
If giving your address or contact details to the respondent could put you or your children at risk, you can keep them private. Leave the applicant details section of form FL403 blank and complete form C8 (confidential contact details) instead.
Put your confidential details only on form C8, and nowhere else in the application. The respondent sees the FL403 application, but not form C8.
Can a request to keep my details private be refused?
Yes. The court will usually try to protect your details, but it can't guarantee to do so. It may refuse if:
the reasons given on form C8 aren't enough
it doesn't think there's a risk to your safety
in rare cases, it thinks the details need to be shared for the case to be dealt with fairly
Who can apply on form FL403?
The applicant or the respondent in the original non-molestation case can apply to vary, extend or discharge the order.
Is there a time limit for applying on form FL403?
Yes. You must apply while the order is still in force (GOV.UK). If you want an extension, don't leave it until the last minute.
If the order runs out before you apply, it can't be extended. You'd need to make a fresh application for a new non-molestation order on form FL401, which usually means starting again with new evidence.
When will the court extend or vary a non-molestation order?
The court looks at all the circumstances, including the need to protect the health, safety and well-being of the applicant and any child (Family Law Act 1996, s42(5)).
The court will usually extend an order if it's satisfied there's still a real risk to the applicant or a child if the order ends. Breaches of the order, or new incidents, are likely to be relevant. The court can also change the terms if circumstances have changed, for example adding a new address the respondent must stay away from.
A discharge may be appropriate where circumstances have changed so much that the order is no longer needed.
Can the respondent challenge an extension or variation?
Yes. The respondent will be told about the application and can oppose it at the hearing, putting forward their own evidence. A respondent can also apply on form FL403 to discharge or vary the order.
An appeal is different. If you think the judge got the decision wrong in law, you'd need to appeal, usually within 21 days of the decision (Family Procedure Rules 2010, rule 30.4).
Do I need evidence to vary or extend an order?
Yes. If you're asking for an extension or variation, you'll need to show why the order is still needed, or why its terms should change. Evidence can include a witness statement, details of any breaches or continuing harassment, police reports, messages and medical records.
If you're applying to discharge the order, you'll need to show what has changed since the order was made, and why it's no longer needed.
Can an order be extended more than once?
Yes. There's no limit on how many times a non-molestation order can be extended, as long as the court is satisfied each time that it's still needed. Each application is looked at on its own facts.
How long can an extended order last?
It's up to the court. Under section 42(7) of the Family Law Act 1996, a non-molestation order can be made for a specified period or "until further order". The court decides the length based on the facts of each case.
Can a non-molestation order last indefinitely?
An order made "until further order" has no fixed end date, and stays in force until the court changes or ends it. Courts make these where the facts justify it, but many orders are made, and extended, for a fixed period.
Will there be a hearing if I apply to extend?
Usually, yes, so you should prepare for one. You can ask on the form for the application to be dealt with without a hearing, but it's for the court to decide. Where both sides agree to an order being discharged, the court may be more willing to deal with it on paper.
Does the respondent get told when I apply to extend?
Yes. The respondent must be served with the application, so they can respond and prepare for the hearing. The person who applied shouldn't serve the papers personally. You can ask the court to arrange service, or use a process server.
Can the court refuse to extend the order?
Yes. The court considers the evidence from both sides and decides whether the order is still needed. If it isn't satisfied that it is, it can refuse the extension and the order will end on its expiry date.
How soon after an order is made can I apply to discharge it?
There's no minimum waiting period. But you'll need to show that things have genuinely changed since the order was made. Applying very soon after an order is made, without a real change, is unlikely to succeed.
Is there a time limit to apply to discharge an order?
No fixed time limit, other than that the order must still be in force. You can apply at any point while it's current.
What reasons can I give to have an order discharged?
The court will want to know why the order is no longer needed. Common reasons include:
both parties agree that the order should end, although the court still has to be satisfied it's safe to discharge it
a change in circumstances, for example one of you has moved far away and there's been no contact for a long time
the original concerns no longer apply, supported by evidence
If you didn't agree with the allegations, the main place to say so is the return hearing after an order is first made. Later, you'd need to show why the order should not continue.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court. We help people on both sides of non-molestation cases with the paperwork and preparation, for example:
preparing FL403 applications to vary, extend or discharge an order
drafting witness statements in support or in response
completing form C8 to keep your details private
organising evidence and preparing court bundles
You can read what our clients say in our Google reviews. To talk to us, email help@incourt.co.uk or use the contact form and one of the team will get back to you.
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Frequently asked questions
What form do I use to vary a non-molestation order?
Form FL403. It's the same form whether you want to extend, vary or discharge the order.
Can I extend a non-molestation order after it has expired?
No. You must apply while the order is still in force. If it has already ended, you'd need to apply for a new order on form FL401.
Can the respondent apply to discharge a non-molestation order?
Yes. Either party can apply on form FL403, and the other party can oppose the application.
Will the respondent see my new address?
Not if you keep it off form FL403 and put it on form C8 instead. The court will usually keep it private, though it can't guarantee this.
Do we both have to agree to end a non-molestation order?
No, either party can apply. But if you both agree, tell the court, as it may make the application simpler. The court still decides.
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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