How can I apply for a Non-Molestation Order to be varied?
- Court Help Limited
- 3 days ago
- 7 min read
What is a Non Molestation Order to begin with?
Non-Molestation Orders (NMO’s) are civil law orders brought into force by Section 42 of the Family Law Act 1996. Their aim is to protect individuals from abuse or harassment by preventing the respondent (the person who the order is made against) from contacting or approaching the protected person (the applicant). The protected person can be the applicant of the NMO or any child involved or both. The court typically issues these orders where there is risk of significant harm in the form of harassment, violence, threats, intimidations, abuse and/or unwanted or persistent contact either direct, indirect or online.
You can apply for a NMO if you want to prevent the respondent from doing any of the above to you or from coming near you, from coming into your home or near your home, coming into your place of work or near your place or work, from contacting you.
Under what circumstances is a Non-Molestation Order made?
You are eligible for a Non-Molestation order if you are a victim of domestic abuse, and the respondent or the other party is at least one of the following:
Someone you have had or are currently having a relationship with Eg. Husband, Wife, Civil Partner
Former Husband, Former Wife or Former Civil Partner
Fiance(e) or Proposed Civil Partner
Former Fiance(e) or Proposed Civil Partner (if engagement/proposed civil partnership ended less than three years ago)
Partner you've been in relationship with for over Six Months
A close family member, e.g. parent, sibling, uncle, aunt
Someone you are living with or have lived with
Those who’ve had Parental Responsibility for your Child / Grandchild
You can also apply if you have a child/grandchild and the respondent is someone you share parental responsibility with or the parent of your child/grandchild.
In the circumstance of your grandchild/child having been adopted, you can apply for an injunction against:
Anyone who has applied to adopt your child/grandchild
Their adoptive parent or someone, the child, is placed with for adoption.
Can I apply to vary a Non-Molestation Order?
In short, yes you can.
This variation could come in the form of an:
Extension - Increasing the duration of the order
Variation - Changing the terms of the order
Discharge (often referred to under variation) - Removing the order
These are all applied for under the same form - FL403 , and you can choose what you are applying for depending on what you need. We’ll explain and answer some common questions about all three possibilities below.
What if I want to keep my personal details private?
If you feel there is a risk to your or your children’s safety by disclosing your address or personal details to the respondent, or want to keep your personal details from the respondent for other justifiable reasons, the court does allow for this.
You can choose to leave the form section for “applicant details” blank, and the fill in a form C8 to explain this and request the court to keep you and your children’s details private from the other party. These details tend to include: addresses, email addresses and phone numbers for bouth you and your children.
For this you will have to include these details (the ones you want to keep confidential) in the C8 form, but ensure not to put them anywhere you normally would in the form for the variation of the Non-Molestation Order. The other party will not see the C8 form, but will see the form for the variation of the order.
Can my application to keep my details private be denied?
Yes, it is possible for a form C8 (confidentiality form) to be denied by the court. Though the courts maintain that they will attempt to respect your request to hide your details, they cannot guarantee it and do have the bandwidth to deny the application.
Some circumstances in which they would do this are as follows.
If the court believes the reasoning provided in the C8 form is genuinely insufficient, they may deny it.
Similarly, if they believe there is no risk to the safety of the party applying, they may deny the form
Finally, in more rare instances, they believe there are circumstances surrounding the case that mean the contact details should be disclosed in order for the case to be fair.
Valur for money help on filling in the form FL403?
If you need help filling out this form and drafting a statement, we at Court Help Limited could really help you. We’re a team of experienced paralegals specialising in Family Law - and we can draft statements and applications as well as guiding you through the whole process via regular conference calls. We also charge a much lower cost than lawyers and solicitors. You can fill our the contact form at the bottom of all of our pages to get in touch.
Who can apply for Form FL403?
If you were the applicant or the respondent, or someone named and involved in the previous Non-Molestation Order, you can apply for a form FL403.
What are the time limits on applying for form FL403?
As this form is the form you need to vary or extend a Non-Molestation Order, it is important to apply for it while the old order is still in force.
If this order runs out before you apply for an extension, you would have to apply for a new Non-Molestation Order, which is harder than extending the order, and comes with more associated costs.
Under what reasons can I extend or very a Non-Molestation Order?
The courts will only accept an application for an extension of a Non-Molestation Order if they believe there is a risk or even the possibility of continued threat to the applicant if the order is removed.
If the respondent has already attempted to breach the Non-Molestation Order multiple times, there will almost certainly be an extension when applied for.
Additionally, if new elements of threat have risen, they may choose to add clauses.
A discharge can be applied for if circumstances have changed enough for the threat to be non-viable to the applicant.
Can the extension or variation of a Non-Molestation Order be challenged?
Both the extension and the variation of a Non-Molestation Order can be challenged.
To do so, the respondent can make an application to discharge the Non-Molestation Order. Arguing that either it should not be granted, or appeal the extension on the grounds that there is no current threat
Do I need evidence to apply to vary or extend a Non-Molestation Order?
Yes. In a roundabout way, when you apply to vary or extend an order you are either proving there is a continuing threat that means the Non-Molestation Order must remain. If the variation you are applying for is a discharge, you are proving there is a change in circumstances from when the order was made that means there is now no existing threat,
To extend a Non-Molestation Order in the UK, you need to demonstrate to the court that the ongoing risk of harm or molestation persists, even with the existing order in place. You'll need to provide evidence supporting your claim, such as details of continued harassment, breaches of the order, or ongoing fear of harm. This evidence can include witness statements, police reports, medical records, and any other relevant documentation.
Can an order be extended multiple times?
Yes, a Non-Molestation Order can be extended multiple times so long as there is sufficient reason to do so and the court is convinced of this fact.
There is no numerical limit to the amount of extensions on a Non-Molestation Order, and each application will be looked at singularly and in its own light.
How long can the extended order last?
How long the Non-Molestation Order extension will be extended is entirely up to the discretion of the court, depending on the details and circumstances of each case.
Can an extension for a Non-Molestation Order be indefinitely extended?
Technically yes, Non-Molestation Orders can be extended indefinitely. However it is important to note that the court only make these orders in rare circumstances where it is truly necessary or the best option.
Over the past few years the trend has increasingly moved away from making orders for an indefinite period of time, as has been the case previously when they were more common,
Will there be another hearing if I apply for an extension?
Typically yes, but not always. You should assume that when you make an application to vary or extend a Non-Molestation Order, there will be a hearing to follow.
You can request for no hearing, and if the evidence provided for extension is compelling enough the court may choose to make the order without a hearing, but it is completely their discretion and not common.
If applying for a discharge of a Non-Molestation order, if both parties already agree to the discharge, this could increase the likelihood of the court choosing not to have a hearing.
Does the respondent get notified when I apply to extend?
Yes, as they must have a chance to protest or prepare for the hearing, the respondent must be served with a notice. However, you cannot serve the respondent individually and must use a company to serve this for you.
Can the court refuse to extend it? On what grounds?
Yes, the court will weigh up both party’s opinions in a hearing and will make a decision based on what they believe is best for the situation.
How soon after the order is made can I apply to discharge it?
After the Non-Molestation Order is made, there is no specific waiting period to apply for a discharge.
Keep in mind, you do have to prove that circumstances have changed significantly from when the order was made in order for it to no longer be necessary. Therefore, the sooner is not strictly the better in a situation like this.
Is there a time limit to apply to discharge the order?
No, there is no time limit after the order is made to discharge it. If the order is in date and valid, you can apply for a discharge of it.
What reasons can I give to have the order discharged?
There are a few circumstances under which you could apply for a discharge and have it accepted by the court:
Mutual Agreement of both parties: if both parties consent to and agree to the order being discharged
False/ Exaggerated claims: If the respondent can prove the claims of the initial Non-Molestation Order were false or exaggerated, this may lead to a discharge of the order
Change in circumstances: Any change that means the order is no longer necessary, and can be proved.
Comments