Misuse of Non-Molestation Orders: False Allegations Explained
Updated: 4 days ago
Last updated: 31 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: Concerns about the misuse of non-molestation orders usually centre on orders made quickly, without the other person being told, on allegations that turn out to be exaggerated or untrue. The law has safeguards on both sides. Without notice orders are meant to be the exception, they record no findings of fact, the respondent gets a hearing, and lying in a statement can be punished as contempt of court.
Key facts about non-molestation orders and false allegations
Question | The short answer |
What a non-molestation order is | A family court order that stops someone using or threatening violence, harassing, pestering or intimidating another person (Family Law Act 1996, section 42) |
Court fee | None. There's no fee to apply (GOV.UK) |
Without notice orders | Allowed only where it's just and convenient, and meant to be the exception, not the rule (section 45; President's guidance in force 12 January 2026) |
Findings of fact | A without notice order must say the court has made no finding of fact |
The respondent's rights | A full hearing, a fixed return date, and the right to apply to set aside or vary the order without waiting for the return date |
Breach | A criminal offence, up to five years in prison (section 42A) |
Lying in a statement | Contempt proceedings can be brought for a false statement verified by a statement of truth (Family Procedure Rules, rule 17.6) |
Source checked | GOV.UK, legislation.gov.uk, justice.gov.uk and judiciary.uk, 31 October 2026 |
Are non-molestation orders misused?
This is one of the most argued-about questions in family law, and people feel strongly on both sides.
Some parents and campaign groups say non-molestation orders are sometimes sought on exaggerated or false allegations, to gain an advantage in a dispute about children, to get the other parent out of the home, or to qualify for legal aid. Domestic abuse charities and many professionals reply that these orders protect people who are at real risk, that abuse is often hidden, and that a focus on false allegations can put genuine victims off asking for help.
We couldn't find a reliable official figure for how often applications are false, so we won't quote one. Our older version of this page relied on news reports and a statistic from an overseas campaign group. We've taken those out because we couldn't check them against an official source.
What we can say, from working with both applicants and respondents, is this: the court isn't supposed to take allegations on trust. The law gives the person accused a chance to answer, and it treats lying to the court seriously. The rest of this guide explains how those safeguards work and what you can do, whichever side of an application you're on.
What is a "molestation order"?
People often search for a "molestation order", but the correct name is a non-molestation order. It's made under section 42 of the Family Law Act 1996 and it stops the respondent from molesting the applicant or a relevant child.
"Molesting" in this law isn't limited to sexual behaviour. The Act doesn't define it, and courts read it widely. It covers things like using or threatening violence, harassment, pestering and intimidation. An order might stop someone contacting the applicant directly or indirectly, or coming within a set distance of their home or work.
For a full explanation of the order, how to apply and how to contest one, see our guide on non-molestation orders and how to contest them.
Who can apply for a non-molestation order?
You can usually apply if you've experienced domestic abuse and the respondent is someone you're "associated" with. GOV.UK lists:
your husband, wife or civil partner, or former husband, wife or civil partner
your fiancé, fiancée or proposed civil partner, or a former one if the engagement or agreement ended less than three years ago
a boyfriend, girlfriend or partner you've been in a relationship with for more than six months
someone you live or have lived with
a close family member, for example a parent, brother, sister, aunt or uncle
the other parent of your child or grandchild, or someone you share parental responsibility with
where a child or grandchild has been adopted, their adoptive parent, anyone who has applied to adopt them, or anyone the child has been placed with for adoption
If you were engaged, you'll need some evidence, such as a ring or a statement from someone who was at a ceremony or celebration.
Can a family member apply for a non-molestation order?
Yes. A close family member, such as a parent, brother, sister, aunt or uncle, counts as an associated person. You can also apply against your child's other parent or anyone you share parental responsibility with.
Can someone under 16 apply?
Yes, but someone under 16 needs permission from the High Court to apply.
How do without notice (ex parte) orders work?
Much of the worry about misuse is about orders made "without notice", sometimes called ex parte orders. The respondent isn't told about the application and isn't at the first hearing.
Under section 45 of the Family Law Act 1996, the court can do this only where it's just and convenient. It has to consider all the circumstances, including any risk of significant harm if the order isn't made straight away, whether the applicant would be put off or prevented from going ahead, and whether the respondent is deliberately avoiding being served. If the court makes a without notice order, it must give the respondent a chance to put their side as soon as just and convenient at a full hearing (section 45(3)).
The President of the Family Division's guidance on non-molestation orders, in force since 12 January 2026, tightened the practice:
without notice orders are "the exception not the rule"
applications must be carefully scrutinised by the court
an order stopping someone going to their home or workplace needs specific evidence to justify it
every order must have a fixed end date and a return date written into it
a without notice order must record that the court has made no finding of fact
the respondent can apply to set aside or vary the order without waiting for the return date, and that application should be listed within a matter of days at most
Our guide to ex parte orders in family law explains this in more detail.
Does the court believe the allegations?
Not automatically. At a without notice hearing the judge only hears from the applicant, so the court isn't deciding whether the allegations are true. It's deciding whether there's enough risk to justify a short protective order until both sides can be heard. That's why the order has to say no findings of fact have been made.
At the return hearing, the respondent can respond in one of three ways, using form FL435. They can agree to the order, agree to it continuing without admitting the allegations (often called a "no admissions" order), or oppose it. If they oppose it, the court hears evidence from both sides and decides what happened. Family courts decide disputed facts on the balance of probabilities, which means whether something is more likely than not.
If the respondent doesn't attend, the court may assume they're not contesting the application. Missing the hearing is one of the most common and most damaging mistakes we see.
Even where a without notice order is refused, the court will still consider at the full hearing whether an order is needed. So a refusal on day one isn't the end of the application.
What happens if someone lies to get a non-molestation order?
The statement supporting an application has to be verified by a statement of truth (Family Procedure Rules, rule 17.2). Under rule 17.6, contempt of court proceedings can be brought against someone who makes a false statement in a document verified by a statement of truth without an honest belief in its truth. Those proceedings can only be brought by the Attorney General or with the court's permission, so they're not common, but the risk is real.
More often, the consequence of lying is practical. If the court hears the evidence and finds the allegations weren't proved, it won't make or continue the order, and its findings can carry over into a related case about the children. The 2026 guidance says findings of fact should normally be shared where there are parallel children proceedings.
If you think someone is lying about you, the answer is to deal with it through evidence at the hearing, not by contacting them. If the order forbids contact, contacting the applicant could be a criminal offence.
Can a non-molestation order be used to get legal aid?
GOV.UK says you might be able to get legal aid if you have evidence that you or your children have experienced domestic abuse and you can't afford to pay legal costs. Evidence can come from a range of sources, including courts, the police, social services, health professionals and domestic abuse support services. A legal adviser has to see the evidence before deciding whether you qualify.
So legal aid isn't automatic. You still have to show you can't afford the costs, and the evidence is checked. Anyone, including a respondent, can use GOV.UK's legal aid checker to see whether they might qualify.
Is breaching a non-molestation order a criminal offence?
Yes. Breach of a non-molestation order has been a criminal offence since 1 July 2007, under section 42A of the Family Law Act 1996. Doing anything the order forbids, without reasonable excuse, is an offence punishable by up to five years in prison on indictment, or a fine, or both.
For a without notice order, a person only commits the offence if they were aware of the order when they did the act (section 42A(2)). A breach can be dealt with either as a crime or as contempt of court, but not both (section 42A(3) and (4)).
This matters even if you think the order should never have been made. Until the court changes or ends it, you must follow it. Our guide on what happens if you breach a non-molestation order explains the penalties.
What do the official figures show?
The chart below comes from the Office for National Statistics article "Domestic abuse and the criminal justice system, England and Wales: November 2020". It looks at what happened to domestic abuse-related crimes recorded by the police.
The ONS found that the police were more likely to record an "evidential difficulties" outcome for domestic abuse-related violence offences (78%) than for violence offences not related to domestic abuse (55%).
It's important to read that carefully. An evidential difficulty doesn't mean an allegation was false. It means there wasn't enough evidence for a criminal case, which has to be proved beyond reasonable doubt. Sometimes the person who reported the abuse doesn't want to support a prosecution. Family courts work to a different standard, so the same events can lead to a protective order without a criminal charge. The ONS has since published a newer edition of this article, in November 2025.
The mental health impact of a non-molestation order
Having an order made against you can be very hard. Respondents often tell us they feel labelled before they've had a chance to speak, and worry about their job, their reputation and their time with their children. If you're struggling, talk to your GP, and lean on people you trust. You can read about one father's experience in our article on the impact of a non-molestation order on a father.
It's just as true that living with abuse damages people's mental health, and that applying for an order can be frightening. A fair system has to take both seriously.
Do people make false allegations when relationships break down?
Some do. Separation can bring out the worst in people, and allegations are sometimes exaggerated, mistaken or untrue. Equally, an allegation made at separation isn't untrue just because of its timing. For many people, separation is when they first feel able to speak about abuse.
The court's job isn't to assume either way. It looks at the evidence: messages, photos, witnesses, police records, and how each person's account holds up when it's tested. Where a case about the children is running at the same time, a non-molestation order can affect contact with your child, so it's important to deal with the allegations properly rather than hoping they'll go away.
How can you respond if you think the allegations are false?
If you've been served with a non-molestation order you believe is unjustified:
Read the order carefully and follow every term, even if you think it's wrong. Don't contact the applicant, directly or through friends or social media.
Note the return date and make sure you attend. If you can't wait, you can apply to set aside or vary the order straight away.
Fill in form FL435 to say whether you agree, agree without admissions, or oppose the order, and return it at least five days before the hearing.
Gather your evidence: messages, emails, call logs, photos and names of people who saw what happened. Keep it in date order.
Write a clear statement in your own words, answering each allegation. Only say what you believe is true, because your statement is verified by a statement of truth too.
Ask about protections at the hearing. Either side can apply not to speak to or be questioned directly by the other. Our article on the ban on abusers cross-examining victims explains the rules on questioning.
If an order is already in place and circumstances change, you can ask the court to vary, extend or discharge a non-molestation order.
How can the misuse of non-molestation orders be prevented?
Our older article called for without notice orders to be made only as an exception. The 2026 guidance now says that in terms. Other safeguards include the requirement for careful scrutiny, specific evidence before someone is excluded from their home or workplace, a fixed end date, a return date written into every order, and the right to apply quickly to set an order aside.
For our part, Court Help Limited won't help anyone make allegations they know to be untrue. That's part of our ethos. We help applicants and respondents set out their account honestly and clearly, and we'd always rather see a dispute resolved on the evidence than on who got to court first.
If you need protection
If you're experiencing abuse, these concerns shouldn't stop you getting help. There's no court fee to apply for a non-molestation order, and you can ask for your hearing by video or phone if you need extra protection. If you're in immediate danger, call 999. Our guide on how to get a non-molestation order takes you through the application step by step.
Frequently asked questions
Is lying to get a non-molestation order a crime?
Making a false statement in a document verified by a statement of truth, without an honest belief in its truth, can lead to contempt of court proceedings under Family Procedure Rules rule 17.6. These need the Attorney General or the court's permission. The court can also refuse to make or continue an order if the allegations aren't proved.
Can I get a non-molestation order removed if it's based on false allegations?
You can apply to set aside or vary a without notice order without waiting for the return date, and you can oppose the order at the return hearing using form FL435. The court then hears evidence from both sides.
What is a "no admissions" non-molestation order?
It's where the respondent agrees to the order continuing without admitting any of the allegations. The court makes no findings of fact. Some respondents choose this to avoid a contested hearing, but it's a big decision, so think it through and get advice.
How long does a non-molestation order last?
Every order must have a fixed end date. The length is up to the judge, and the 2026 guidance says it may be a substantial period such as six or even twelve months. The order can be extended or ended early by the court.
Is there a fee to apply for a non-molestation order?
No. GOV.UK confirms there's no fee to apply.
What is a non-mol order?
"Non-mol" is shorthand for a non-molestation order, the family court order under section 42 of the Family Law Act 1996 that protects someone from being harassed, pestered, threatened or harmed.
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, but we help both applicants and respondents with non-molestation order cases: preparing statements and forms like the FL435, organising evidence, and getting ready for hearings. Email help@incourt.co.uk or use the contact form on our website, and see our Google reviews for what other clients say.
Related articles
Sources
GOV.UK: get an injunction if you've been the victim of domestic abuse (checked 31 October 2026)
Family Law Act 1996, sections 42A and 45, legislation.gov.uk (checked 31 October 2026)
Family Procedure Rules, Part 17, justice.gov.uk (checked 31 October 2026)
President of the Family Division's guidance on non-molestation orders, 2026 (checked 31 October 2026)
GOV.UK: legal aid if you've experienced domestic abuse (checked 31 October 2026)
ONS: Domestic abuse and the criminal justice system, November 2020 (checked 31 October 2026)
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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