Non-Molestation Orders: How to Apply, Respond and Contest One
Updated: Oct 28
Last updated: 28 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: What is a non-molestation order in the UK? It's a family court injunction that stops someone you're connected to, like a partner, ex or relative, from abusing, threatening or harassing you or your child. You apply on form FL401 and there's no fee. Breaking it is a criminal offence. If one is made against you, you can respond at the return hearing or apply on form FL403 to discharge it.
Key facts about non-molestation orders
Topic | The position in England and Wales |
Application form | FL401, with a signed witness statement (FL403 to vary, extend or discharge an order) |
Court fee | None (checked on GOV.UK, 28 October 2026) |
Who can apply | A person "associated" with the respondent, for example a partner, ex, relative or someone you've lived with (Family Law Act 1996, s62) |
Emergency orders | Can be made without telling the other person first (s45) |
How long it lasts | A fixed period or until further order (s42(7)) |
Breach | Criminal offence, up to 5 years' imprisonment on indictment (s42A) |
The law | Part IV of the Family Law Act 1996 |
What is a non-molestation order?
A non-molestation order is a type of injunction made by the family court under section 42 of the Family Law Act 1996. It orders a named person (the respondent) not to use or threaten violence, and not to intimidate, harass or pester the person applying (the applicant) or a child. GOV.UK describes it as an order that protects you or your child from being harmed or threatened by the person who has abused you.
The Family Law Act 1996 doesn't define "molestation", and the courts read it broadly. It can cover physical violence, but also repeated messages, turning up at your home or work, threats, and coercive or controlling behaviour. Our main page on non-molestation orders sets out how we help on both sides of these cases.
Below we answer the questions people ask us most, whether they're applying for an order or defending a non-molestation order.
What can a non-molestation order include?
Every order is worded for the case in front of the judge. A non-molestation order can be made even if you and the other person still live under the same roof. Common terms say the respondent must not:
use or threaten violence against the applicant or a named child
intimidate, harass or pester the applicant
contact the applicant by phone, text, email, social media or through other people
go to, or within a set distance of, the applicant's home, workplace or a child's school
encourage or ask anyone else to do any of these things
How many hearings are there for a non-molestation order?
There's no fixed number. Many cases start with an urgent "without notice" hearing, where only the applicant attends, followed by a return hearing where both sides can be heard. If the facts are disputed, the court may then set a final hearing to decide them. Some cases end at the first on-notice hearing, for example because an undertaking is given or the application is dismissed.
What happens at a non-molestation order hearing?
Non-molestation hearings are held in private, sometimes called "in chambers". Usually only the applicant, the respondent and their legal representatives can attend. You can ask for a video or phone hearing, or an interpreter, when you apply.
The judge reads the statements and evidence from both sides. At a final hearing the judge may hear evidence from each person. Since July 2022 the Domestic Abuse Act 2021 has stopped a party questioning the other in person in certain situations, for example where there is a conviction for a specified offence, an on-notice protective injunction or specified evidence of domestic abuse. The court can also make that direction in other cases. Where in-person questioning isn't allowed, the court can appoint a qualified legal representative to ask the questions instead. You can apply for this protection on form EX740 (if you're making an allegation of abuse) or EX741 (if you're accused of abuse).
At the end of a hearing the judge may:
make the order, either short term (an interim order) or for a longer period
accept an undertaking (a formal promise to the court) instead of making an order
dismiss the application
continue or vary an order that is already in place
adjourn the case, for example so that further evidence can be filed
Can a judge dismiss a non-molestation order application?
Yes. The judge must consider all the circumstances, including the need to secure the health, safety and well-being of the applicant and any child (s42(5)). If the evidence doesn't show that an order is needed, the judge can refuse it or discharge an order that was made earlier without notice.
How long does a non-molestation order last?
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. Many are made for a fixed period, for example six or twelve months, but the judge decides the length based on the facts. The order itself will say when it ends.
An order can be extended before it runs out if the applicant shows it's still needed. Read more in our guide to extending a non-molestation order and our article on the impact of ex parte orders.
What happens if I no longer want to pursue a non-molestation order?
If you've applied but no longer want to go ahead, write to the court asking for permission to withdraw your application and giving your reasons (Family Procedure Rules 2010, rule 29.4). If an order has already been made, it stays in force until the court changes it, so you'd need to apply on form FL403 to discharge it. Don't ignore the order just because you both now feel it isn't needed. Only the court can end it.
What happens if you break a non-molestation order?
Breaking a non-molestation order without a reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996. The police can arrest someone for breaching an order. In the Crown Court the maximum sentence is five years' imprisonment, a fine, or both. In the magistrates' court the maximum is lower.
A conviction for breach will appear on a criminal record. Instead of a criminal prosecution, the breach can be dealt with by the family court as contempt of court, but the same conduct can't be punished both ways (s42A(3) and (4)). If the order was made without notice, the respondent only commits the offence if they knew about the order at the time. Our guide on what happens when you breach a non-molestation order explains the process in more detail.
What evidence do you need to get a non-molestation order?
There's no set list, because every case is different. You must fill in form FL401 and a supporting witness statement that includes a statement of truth, your signature and the date. The statement is your chance to explain clearly what has happened and why you need protection.
Where it's safe to collect them, the following can help support your statement:
photos of injuries or damage to property
screenshots of texts, emails, voicemails or social media messages
a dated account of each incident, starting with the most recent and the most serious
details of anyone who saw or heard what happened
police reference numbers and what the police did
letters or notes from a GP, domestic abuse support worker, counsellor or therapist
Don't put yourself at risk to gather evidence. If you're in immediate danger, call 999.
Can you get a non-molestation order without evidence?
Your own signed witness statement is evidence, and the court can act on it. Extra documents help, but they aren't always essential, especially in an emergency. Section 45 of the Family Law Act 1996 lets the court make an order "without notice" to the respondent if that is just and convenient, for example where there's a risk of significant harm if the order isn't made straight away, or where the applicant would be put off applying. When this happens the respondent must be given the chance to put their side at a full hearing as soon as just and convenient.
Who can apply for a non-molestation order?
You can apply if the person you need protection from is "associated" with you under section 62 of the Family Law Act 1996. According to GOV.UK this includes:
a husband, wife or civil partner, or a former one
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're in, or have been in, a relationship with for more than 6 months (the Act says "an intimate personal relationship of significant duration")
someone you live with or have lived with (not just as a tenant, lodger or employee)
a close family member, for example a parent, brother, sister, aunt or uncle
your child's other parent, or someone you share parental responsibility with
If your child or grandchild has been adopted, you can also apply against the adoptive parent, anyone who has applied to adopt them or anyone the child has been placed with for adoption. A child under 16 needs the court's permission to apply. You can read more about parental responsibility in our separate guide.
How do I apply for a non-molestation order?
Fill in form FL401 and a witness statement. RCJ Advice's CourtNav service can help you prepare the application online.
If you need protection urgently, ask for an emergency order. You don't have to tell the other person you're applying.
Send the documents by email or post, or hand them in, to a court that deals with domestic abuse cases. There's no court fee.
Attend the hearing. If an order is made, it must be served on the respondent in person. You can ask the court to do this on form D89 (no fee) or use a process server. Don't serve it yourself.
In some areas you may be able to apply for a domestic abuse protection order (DAPO) instead. GOV.UK says this is currently only possible if the person you need protection from lives in Greater Manchester, Croydon, Bromley, Sutton, Hartlepool, Middlesbrough, Redcar, Cleveland, Stockton-on-Tees or North Wales.
Can I get legal aid for a non-molestation order?
Legal aid may be available, depending on your circumstances. The rules allow the usual financial limits to be waived for some applications for protection from domestic abuse, although you may be asked to pay a contribution. You can check whether you qualify on GOV.UK's "Check if you can get legal aid" service. Legal aid is run by the Legal Aid Agency.
What is an undertaking?
An undertaking is a formal promise made to the court, for example a promise not to contact the applicant or go to their home. Under section 46 of the Family Law Act 1996, the court can accept an undertaking from either party instead of making a non-molestation order.
The court must not accept an undertaking if 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 criminal offence (s46(3A)).
What is the difference between an undertaking and a non-molestation order?
Non-molestation order | Undertaking | |
Made by | The court, after considering the evidence | A promise offered by a party and accepted by the court |
Breach a criminal offence? | Yes (s42A) | No |
Power of arrest? | Police can arrest for the offence | No power of arrest can be attached (s46(2)) |
How breach is dealt with | Prosecution, or contempt of court | Enforced as if it were an order, through contempt of court (s46(4)) |
What happens after an undertaking is given?
The undertaking is written down and signed, and it lasts for the period stated. The application usually ends there, and the court doesn't normally decide whether the allegations are true. If the person who gave the undertaking breaks it, the other person can apply to the court to enforce it, and the court can punish the breach as contempt of court.
Is an undertaking an admission of guilt?
No. Giving an undertaking doesn't mean you accept the allegations, and the court makes no findings about what happened. Many respondents choose it to bring the case to an end without a contested hearing. It's still a serious promise to the court, so think carefully before giving one and make sure you can stick to every term.
Can I fight a non-molestation order?
Yes. If an order was made against you without notice, you have the right to put your side at the return hearing. You can file your own witness statement, challenge the evidence and ask the court to discharge the order, change its terms, or accept an undertaking instead.
Court Help Limited has helped many respondents prepare their case. You can read about one example in our success stories. Every case is different, so we can't promise any particular result.
How do I overturn or discharge a non-molestation order?
Either person can apply to vary, extend or discharge an existing non-molestation order using form FL403, as long as the order is still in force. You'll need to explain what has changed, or why the order shouldn't continue. If you think the judge made a legal mistake, an appeal may be possible, but strict time limits apply. Read our guide on whether you can appeal a non-molestation order.
What happens if you contest a non-molestation order?
Contesting an order is a big decision and it can be stressful. You'll usually file a statement responding to each allegation, and the court may list a final hearing to decide the disputed facts. The judge then decides whether an order is needed and, if so, for how long and on what terms.
Some respondents want to clear their name. Others are worried about the effect on contact with their children. It helps to think about what you want to achieve before deciding whether to contest the whole order, ask for different terms or offer an undertaking. If you've just received papers, our article on what to do when a non-molestation application is served on you is a good place to start.
How do I get a non-molestation order lifted?
If the order was made without notice, the quickest route is usually to set out your response before or at the return hearing. Once an order has been made on notice, you'd normally need to apply on form FL403 to discharge it, with a statement explaining why it is no longer needed or should never have been made. Keep following the order in full until the court changes it, even if you strongly disagree with it.
Remember that a non-molestation order is about protection, not punishment. The court is looking at safety and well-being now, so a calm, factual statement usually carries more weight than an angry one.
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. What we do is help people on both sides of non-molestation cases with the paperwork and preparation, for example:
preparing FL401 applications and witness statements
drafting statements in response for respondents
preparing FL403 applications to vary, extend or discharge an order
organising evidence and preparing court bundles
helping you understand the process so you know what to expect at each hearing
You can read what our clients say in our Google reviews, or on our reviews page. 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 does a non-molestation order mean?
A non-molestation order means the family court has told one person (the respondent) not to "molest" someone they're associated with, or a child. Despite the word, molesting here isn't only about sexual behaviour. The Family Law Act 1996 doesn't define it, and courts read it broadly, so violence or threats, harassment, pestering, intimidation and unwanted contact can all count. The order spells out what the respondent mustn't do, such as contacting you or coming within a set distance of your home. This guide covers England and Wales.
Is there a fee to apply for a non-molestation order?
No. GOV.UK confirms there's no court fee to apply for a non-molestation order on form FL401 (checked 28 October 2026).
Can a non-molestation order be made without the other person knowing?
Yes. Under section 45 of the Family Law Act 1996 the court can make an emergency order without notice. The other person must then be served with the order and given a chance to respond at a full hearing.
Does a non-molestation order give someone a criminal record?
The order itself is a civil injunction, not a conviction. But breaking it without a reasonable excuse is a criminal offence, and a conviction for breach would appear on a criminal record.
Can I be cross-examined by my ex in a non-molestation hearing?
In many cases, no. Since July 2022 the law stops a party questioning the other in person in specified situations, such as where there's evidence of domestic abuse. The court can appoint a qualified legal representative to ask the questions instead.
Can a non-molestation order stop me seeing my children?
A non-molestation order can include terms about a child, but arrangements for seeing your children are usually dealt with separately under the Children Act 1989. See our article on non-molestation orders and contact with children.
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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