Non-Molestation Order Evidence: Misuse of Law or Protection?
Updated: Nov 5
Last updated: 5 November 2026 · Written by the family law paralegal team at Court Help Limited
In short: What evidence do you need for a non-molestation order? There's no fixed list. The applicant's signed statement is evidence in its own right, and messages, photos, police records or witnesses can back it up. A judge weighs it all. That's why some people worry the orders get misused, and why the law builds in safeguards: a full hearing, a right to reply and penalties for lying.
Non-molestation orders exist to protect people from abuse, and for many applicants they're the only thing that makes them feel safe at home. At the same time, we hear from respondents who feel an order was made against them on one person's word. Both experiences are real. This guide looks at how the law tries to balance them, what counts as evidence, and what either side can do. We've also written a separate guide on the misuse of non-molestation orders and false allegations, which goes into the respondent's side step by step.
Non-molestation order evidence and safeguards: key facts
Question | The short answer |
What the order is | A family court order stopping someone from molesting an associated person or a relevant child (Family Law Act 1996, section 42) |
Evidence needed | No fixed list. Form FL401 plus a supporting statement with a statement of truth; other evidence can support it (GOV.UK, checked 5 November 2026) |
What the court considers | All the circumstances, including the need to secure the health, safety and well-being of the applicant and any relevant child (section 42(5)) |
Orders made without notice | Only where it's just and convenient, with a full hearing for the respondent as soon as possible (section 45). Treated as the exception, not the rule (President's Guidance 2026) |
Court fee | None to apply (GOV.UK, checked 5 November 2026) |
Respondent's options | Agree, accept the order without admitting anything, or ask for a contested hearing (form FL435), and apply to set aside or vary at any time |
Lying in a statement | Can lead to contempt proceedings, brought by the Attorney General or with the court's permission (Family Procedure Rules, rule 17.6) |
Breaking the order | A criminal offence, up to 5 years in prison on indictment, or contempt of court, but not both (section 42A) |
Where it applies | England and Wales |
What is a non-molestation order?
A non-molestation order is an injunction made by the family court under section 42 of the Family Law Act 1996. It stops one person (the respondent) from molesting another person they're connected to (the applicant), or a child who's relevant to the case. "Molesting" here isn't only physical or sexual behaviour. It covers harassment, threats, intimidation and pestering. The order can ban molestation in general, particular acts, or both (section 42(6)), and it can last for a set time or until a further order (section 42(7)).
Only certain people can apply. GOV.UK lists current and former spouses and civil partners, current or former partners, close relatives, the other parent of your child, and someone you were engaged to if the engagement ended less than 3 years ago. Under-16s need the High Court's permission. Our guide to what a non-molestation order is and who can apply covers the eligibility rules in more detail.
Is a non-molestation order the same as a restraining order?
No, although people often use the words loosely. A non-molestation order is a civil order made by the family court, usually after one party applies on form FL401. A restraining order is made by a criminal court, either when someone is convicted of an offence (under the Sentencing Act 2020) or even when they're acquitted, if the court thinks an order is needed to protect a person from harassment (Protection from Harassment Act 1997, section 5A). Terms you may see online, like "civil harassment restraining order", come from other countries and don't apply in England and Wales.
Is the law being abused by your ex?
Some respondents tell us the order felt like a weapon in a break-up. Some applicants tell us the opposite: that they waited far too long to ask for help. The law doesn't assume either. The judge has to look at all the circumstances, including the need to protect the health, safety and well-being of the applicant and any child (section 42(5)).
A one-off row isn't automatically domestic abuse, and couples who argue aren't automatically abusive. But abuse isn't only violence either. Since 2021 the law has had a legal definition of domestic abuse, which includes controlling or coercive behaviour, threats, economic abuse and emotional abuse, whether it's a single incident or a pattern over time. So the question for the court isn't "did they argue?" but "what happened, how often, and does the applicant or a child need protecting?"
There's no reliable official figure for how many orders are based on false allegations, and we've removed the unsupported percentages that appeared in the earlier version of this article. What we can say is that the rules give a respondent real ways to challenge an order, which we explain below.
What evidence do you need for a non-molestation order?
To apply, the applicant fills in form FL401 and writes a supporting statement explaining what happened. GOV.UK says the statement must end with a statement of truth, signed and dated, confirming the applicant believes the facts in it are true. That signed statement is evidence. It isn't "just say-so" in the legal sense, because it can be tested at a hearing and lying in it has consequences.
Other non-molestation order evidence that people often attach or bring to the hearing includes:
text messages, emails, voicemails and social media messages, with dates
photos of injuries or damage
police incident numbers, call logs or a copy of a caution or conviction
notes from a GP, health visitor or support worker
a short statement from someone who saw or heard what happened
Respondents can use the same kinds of evidence to show a different picture, for example messages showing friendly contact around the same dates. Keep everything in date order and don't edit screenshots. If you're responding to an application, our guide on how to defend a non-molestation order goes through preparing your own statement.
Can we really trust someone's word when there is no physical evidence?
Many cases have no photos, no police report and no witness. That's common in abuse that happens behind closed doors, so the law doesn't require physical proof. If the respondent disputes what's said, the judge can hear from both people, read both statements and decide what's more likely to have happened.
An order made at a short hearing without the respondent there (a "without notice" or ex parte order) is different. The President of the Family Division's Guidance on non-molestation orders, in force since 12 January 2026, says these orders must record that the court has made no findings of fact. So the order protects the applicant in the meantime, but it isn't a ruling that the respondent did what's alleged.
The same Guidance says without notice orders are the exception, not the rule, and the court must scrutinise the evidence carefully. It needs specific evidence before it will bar someone from their own home or workplace. Under section 45(2) of the Family Law Act 1996, the judge also considers the risk of significant harm if no order is made straight away, and whether the applicant would be put off going ahead.
How long can an order made without hearing the respondent last?
The earlier version of this article asked how an order made without the other side could last longer than a month. Here's how it works now. Under the 2026 Guidance, every non-molestation order must have a fixed end date, which may be a substantial period such as 6 or even 12 months. But a without notice order must also give a fixed return date, when the respondent can be heard, and section 45(3) says the respondent must get a chance to make representations at a full hearing as soon as just and convenient.
Before the return date, the respondent is invited to reply on form FL435. The options are to agree, to accept the order continuing without admitting anything (a "no admissions" order), or to say they disagree and ask for a contested hearing. The respondent doesn't have to wait for the return date either. The order must say they can apply to set it aside or vary it, and the Guidance says the court should list that application within a matter of days.
What is the short-term emotional impact of a non-molestation order on the respondent?
Being served with an order can be a shock. People tell us they feel ashamed, angry or frightened, especially if the order means they have to keep away from home or can't contact their children directly for a while. Applicants often feel just as anxious, worried about what will happen when the respondent finds out.
If you're the respondent, try to slow down. Read the order carefully, line by line, so you know exactly what it stops you doing. Don't contact the applicant to argue about it, even politely, if the order forbids it, because that could be a breach. Write down your side while it's fresh. And look after yourself: talk to your GP, a friend or a support service if you're struggling. We removed an unsourced "study" about arrests from the earlier version of this article because we couldn't verify it.
How much does it cost to fight a non-molestation application?
There's no court fee to apply for a non-molestation order (GOV.UK, checked 5 November 2026). The real cost is legal help. A contested hearing with full representation by solicitors and a barrister can be expensive, and the price depends on the firm, the area and how long the case runs. We've taken out the estimates of £10 million a year and £10,000 to £20,000 per case from the earlier version, because we couldn't find an official source for them.
You have options. You can represent yourself, and many respondents do. You can ask a legal aid adviser whether you qualify. Or you can get help with the paperwork from a paralegal firm like ours. We're not solicitors and can't represent you in court, but we can help you understand the process and prepare your statement and forms. Some people decide to offer an undertaking (a promise to the court) instead of a contested hearing. That's a big decision, so get advice first.
Is a non-molestation order misused to get free legal aid?
This is one of the biggest worries respondents raise. GOV.UK says you might get legal aid for a family case if you have evidence that you or your children have experienced domestic abuse, and you can't afford to pay for legal costs. The evidence can come from several places: the police or the courts, a doctor or health visitor, a refuge or domestic abuse service, a bank, an employer or a benefits provider. So a court order is one possible source of evidence, but it doesn't give anyone legal aid automatically. The money side still has to be checked.
The earlier version of this article said that 25% of orders were made without proper consideration of the evidence. That isn't an official figure and we've removed it. It's true that some orders are made at a without notice hearing, and occasionally on paper. That's exactly why the 2026 Guidance now requires a fixed return date, a clear statement that no findings were made, and a quick route to set the order aside.
What are the long-term financial impacts of non-molestation orders?
The order itself doesn't decide money, property or child arrangements. Those are separate cases. But it can affect them. If the applicant uses the order as evidence of domestic abuse, they may qualify for legal aid in a later children or finance case if their means are low enough, and the other person may have to pay for their own advice. That can feel unfair to a respondent who disputes the allegations. On the other hand, someone who has really been abused may have no other way to afford help.
If you're a respondent facing a later case, ask a legal aid adviser whether you qualify too. Also be careful not to breach the order. A conviction for breach is a criminal record, which the civil order on its own isn't. The earlier version of this article told stories about unnamed people losing homes and jobs. We couldn't verify them, so we've taken them out, along with the suggestion that only ex-wives misuse these orders. Men and women can both apply, and both can be respondents.
Can the law on non-molestation orders be changed?
Yes. Acts of Parliament make the law, and judges' guidance shapes how it's used day to day. The last few years have brought several changes aimed at fairness for both sides. A ban on cross-examination in person, in both directions, where there's evidence of domestic abuse applies to family cases started on or after 21 July 2022 (Domestic Abuse Act 2021, section 65). The President's 2026 Guidance tightened the rules on without notice orders. And a new domestic abuse protection order is available in some areas of England and Wales.
If you think the law should change, you can write to your MP or respond to government consultations when they're open. That's a fair and lawful way to be heard.
What happens to someone who lies to get a non-molestation order?
Making a false statement in a document verified by a statement of truth, without an honest belief that it's true, can lead to contempt of court proceedings (Family Procedure Rules, rule 17.6). Those proceedings can only be brought by the Attorney General or with the court's permission. In practice, the more common consequence is that the judge doesn't believe the evidence and the order is refused or set aside.
Do judges understand the impact of granting a non-molestation order?
Judges are given detailed guidance, and the 2026 Guidance is a good example. It reminds courts that orders must be clear, that a respondent must be able to challenge them quickly, and that it's unlikely to be appropriate to ban all communication where the parties have children. It also says an order shouldn't stop the respondent serving evidence in the case.
The earlier version of this article said an order can't be reversed once it's made. That's wrong. Either party can apply to vary or discharge it (Family Law Act 1996, section 49(1)), and a respondent can apply to set aside a without notice order. You can also appeal, usually with permission and within 21 days (Family Procedure Rules, rules 30.3 and 30.4). Our guide on whether you can appeal a non-molestation order explains how.
Human rights matter here too. The Human Rights Act 1998 makes the right to liberty (Article 5), the right to a fair trial (Article 6) and the right to respect for private and family life (Article 8) part of UK law. Breaking a non-molestation order can lead to prison, but only after a criminal conviction under section 42A or a contempt finding, each with its own safeguards. The order itself is a civil order and isn't a criminal conviction.
Do non-molestation cases involving children always have high emotions?
Very often, yes. Many applications come at the same time as a dispute about where the children live or who they see. Feelings run high on both sides, and sometimes people describe events very differently. Some respondents believe allegations were made to win a children's case. Some applicants are afraid that raising abuse will be seen as a tactic. The court has to stay alert to both possibilities.
Arrangements for the children are decided separately, usually on a C100 application, using the child's welfare as the paramount consideration. Where abuse is alleged, the court follows Practice Direction 12J and may hold a fact-finding hearing. A non-molestation order doesn't automatically stop contact with a child. Our guide on whether a non-molestation order can stop contact with your child explains how the two fit together.
Why don't more people speak out about family court injustices?
People who feel they've been treated unfairly often say they stay quiet because they're worried it'll look like sour grapes, because they fear it could affect their children's case, or because they can't face more conflict. Cost is another reason. An appeal takes time and money, and many people represent themselves.
There's also a legal reason to be careful. Family hearings about non-molestation orders are usually held in private (GOV.UK), and there are strict limits on sharing information about family cases involving children. Posting details of your case online could get you into trouble, so get advice before you do. The proper routes are an application to set aside or vary the order, an appeal, or a complaint through the court's official process.
Most of all, people tell us these cases are emotionally exhausting. If that's you, you're not alone, and there's help with the practical side so you don't have to do it all yourself.
Frequently asked questions
Can a non-molestation order be granted without evidence?
Not without any evidence at all. The applicant's supporting statement, signed with a statement of truth, is evidence, and the court can act on it. A without notice order needs evidence that justifies urgent action, and it records that no findings of fact have been made.
How can I get a non-molestation order rejected?
You can't stop someone applying, but you can respond. Reply on form FL435, ask for a contested hearing, and give your own statement and evidence. You can also apply to set aside or vary a without notice order straight away rather than waiting for the return date.
What does a non-molestation order do?
It stops the respondent from molesting the applicant or a relevant child, which can include violence, threats, harassment and pestering. It can also stop them going to certain places, such as the applicant's home. The exact terms are written on the order.
Are non-molestation orders serious?
Yes. The order itself is civil, but breaking it without a reasonable excuse is a criminal offence with a maximum of 5 years in prison on indictment (section 42A). It can alternatively be dealt with as contempt of court.
Is a non-molestation order the same as a criminal record?
No. A non-molestation order is a civil order, not a conviction. A criminal record could follow if the respondent is later convicted of breaching it.
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 can help applicants and respondents understand non-molestation order evidence, prepare an FL401 or FL435 and a clear witness statement, and get ready for the hearing. Email us at help@incourt.co.uk or use our contact form. You can read what our clients say in our Google reviews.
Related articles
Sources
Family Law Act 1996, sections 42, 42A, 45 and 49 (legislation.gov.uk), checked 5 November 2026
President of the Family Division's Guidance 2026: Non-Molestation Orders (judiciary.uk), checked 5 November 2026
GOV.UK: Get an injunction if you've been the victim of domestic abuse, checked 5 November 2026
GOV.UK: Legal aid for domestic abuse, checked 5 November 2026
Family Procedure Rules, Part 17: statements of truth (justice.gov.uk), checked 5 November 2026
Protection from Harassment Act 1997, section 5A (legislation.gov.uk), checked 5 November 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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