Defending a Non-Molestation Order: What to Do When Served
Updated: 3 days ago
Last updated: 9 November 2026 · Written by the family law paralegal team at Court Help Limited
In short: Defending a non-molestation order starts with reading the papers carefully and noting the hearing date. You can agree to an order, offer the court an undertaking, or oppose the application with a signed statement and evidence. Keep away from the applicant, don't ignore the hearing, and follow any order already in place until the court changes it.
Question | The short answer |
What has been applied for? | A non-molestation order under section 42 of the Family Law Act 1996, usually on form FL401 with a supporting statement |
Do you have to respond? | You should. Read the papers, note the hearing date and go to the hearing. If an order has already been made, follow it |
Your main options | Agree to an order, offer an undertaking (section 46), or oppose the application with your own statement and evidence |
Can the court act before you've been heard? | Yes, in some cases. Section 45 allows an order without notice, but you must then get the chance to be heard at a full hearing |
Breaking an order | A criminal offence under section 42A, with up to 5 years in prison on indictment |
Changing an order later | You can apply to vary or discharge it under section 49 |
Source checked | GOV.UK, legislation.gov.uk and justice.gov.uk, 9 November 2026 |
What should I do first if I've been served with a non-molestation application?
Being handed court papers like this is stressful, and it can knock you sideways, especially if you've got children together or there's a dispute about money or the home going on at the same time. Take a breath and deal with it step by step. Defending a non-molestation order is much easier if you've got organised early.
Read everything. Look for the application (usually form FL401), the applicant's statement and any Notice of Proceedings. GOV.UK explains that the notice tells the parties when the hearing will take place.
Write down the hearing date, time and place. Check whether it's in person, by video or by phone.
Check whether an order has already been made. If there's a sealed order in your papers, it applies to you now that you know about it. Read every line.
Don't contact the applicant about the case. Don't message them, call them or ask friends and family to speak to them for you. Even friendly messages can be misread and can end up in evidence.
Keep everything. Don't delete texts, emails, call logs or photos, even ones you'd rather weren't there.
Get advice early. A solicitor can represent you. Our plain guide to what a non-molestation order is will help you make sense of the papers.
The people who can apply are set out on GOV.UK. They include a husband, wife or civil partner (or a former one), someone in a relationship with you for more than 6 months, close relatives, someone you live or have lived with, and the other parent of a child. The court can also make an order without an application, in other family proceedings, to protect a party or a relevant child (section 42(2)(b)).
Under section 42(5), the court has to look at all the circumstances, including the need to secure the health, safety and well-being of the applicant and of any relevant child. An order can ban molestation in general, particular acts, or both (section 42(6)).
Can a court make an order before I've had my say?
Yes. Section 45 of the Family Law Act 1996 lets the court make an order without the usual notice where it considers it just and convenient to do so. It looks at things like the risk of serious harm if the order is delayed, and whether the applicant might be put off from going ahead without an immediate order. GOV.UK calls this a "without notice" or "ex-parte" application.
If that's happened, you haven't lost your chance to respond. Section 45(3) says the court must give you the opportunity to make representations at a full hearing. An order made at that first stage isn't a final decision about whether the allegations are true.
New guidance from the President of the Family Division on these orders took effect on 12 January 2026. Form FL435, the Response to a Non-Molestation Order form, comes with that guidance. If you've got an order or a response form in your papers, follow what it says and keep to any dates it gives.
What if some or all of the allegations are true?
You know better than anyone what's happened. If what's been said is accurate, or partly accurate, the most important thing is making sure it doesn't happen again. You can choose to agree to an order, or offer an undertaking, which we explain below. You can still oppose the application, but think honestly about the evidence the court is likely to see.
Don't sign a statement that says something didn't happen if it did. Family Procedure Rules 17.2 requires a witness statement to be verified by a statement of truth, and rule 17.6 allows contempt proceedings against someone who makes a false statement without an honest belief in its truth.
What if the allegations are false?
If the allegations aren't true, you can oppose them. Be ready for this to take time and effort. The court may make an interim order at the first hearing to protect the applicant while it gets more information. GOV.UK describes this as a short-term order. It doesn't mean the court has decided you did what's alleged.
Stay calm in everything you write and say. Our guide to how to answer false allegations in a non-molestation case goes through this in more detail, and it applies equally whichever parent or partner is making the application.
Can a non-molestation application be used as leverage?
The court has to take every application seriously, because the whole purpose of the order is protection. Sometimes, though, a respondent believes an application has been made to get the upper hand in a dispute about children, money or the home. Equally, someone who's been abused may be told their application is "just about the children" when it isn't. The court can't assume either.
What should I do if I think the application is unfounded?
Deal with the facts rather than the motive. Set out dates, what was said and what you've got to back it up. If there's a clear link in time to something else going on, such as a new court application about the children, say so briefly and show the evidence. Avoid attacking the other person's character. It rarely helps, and it can make you look like the problem.
How do I go about defending a non-molestation order?
This is the difficult decision point. If you want to oppose the order, you'll usually need your own written statement, signed with a statement of truth. Think about these points:
Go through the applicant's statement paragraph by paragraph and answer each allegation: agreed, not agreed, or partly agreed, and why.
Give the background to the relationship, but only what's relevant to the allegations.
Collect evidence that really proves your point: messages in full, not cropped screenshots; call logs; emails; bank or travel records showing where you were.
Think about whether anyone else saw or heard what happened and could give a statement.
Say what you want the court to do. You might oppose any order at all, or agree to some terms but not others.
We've set out more of this in our 10 practical tips on how to defend a non-molestation order.
What happens at the hearing?
Hearings are held in private, and in most cases only the two of you and any legal representatives can attend. GOV.UK says that at the end of the hearing the court will reach one of three outcomes: you give an undertaking, the court asks for more information (and may make a short-term interim order in the meantime), or the court makes an order.
If the application is contested, the court will hear evidence from both sides, and you or your representative can respond. You can ask for extra protection or for a hearing by video or phone if you have a good reason. There are also rules in family cases that can stop parties questioning each other directly: the ban on cross-examination in person works in both directions, so you may need a qualified legal representative to ask your questions.
What is an undertaking, and should I offer one?
An undertaking is a formal promise to the court. Section 46 of the Family Law Act 1996 allows the court to accept one instead of making a non-molestation order. It's often a way of avoiding a contested hearing, and it saves both sides the cost and strain of a further hearing.
Nothing in section 46 requires you to admit what's alleged, or the court to make findings first. If you do give one, ask for it to be recorded that you've made no admissions. Don't treat it lightly, though. Section 46(4) says an undertaking can be enforced as if it were a court order.
The court can't accept an undertaking where you've used or threatened violence against the applicant or a child and an order is needed so that a breach can be punished under section 42A (section 46(3A)). And the court doesn't have to accept one at all.
What happens if a non-molestation order is made against me?
Read it carefully, and keep to every term from the moment you know about it. Under section 42A, doing something the order bans without reasonable excuse is a criminal offence, with a maximum of 5 years in prison on indictment. We explain more about what happens if you breach a non-molestation order.
If you've got children together, check exactly what the order says about contact and how arrangements are to be made. An order can protect a relevant child as well as an adult (section 42(1)). Our guide on whether a non-molestation order can stop you seeing your child covers this, and if you need the court to decide arrangements, the application is made on form C100 and costs £270 (checked 9 November 2026).
Under section 42(7), an order can last for a set period or until the court changes it. Section 49 allows you, or the applicant, to apply to vary or discharge an order. If you think the decision itself was wrong, appealing a non-molestation order is usually done with permission, within 21 days of the decision unless the court says otherwise (Family Procedure Rules, rules 30.3 and 30.4).
A worked example
A father is served at work with an application made by the mother of his child. It says he's been sending her abusive messages. He doesn't reply to her and doesn't delete anything. He writes down the hearing date, reads his messages from start to finish, and sees that some of them were sharp and he regrets them. He decides not to fight every point. At the hearing, he offers an undertaking about contact between them, and asks for it to be recorded that he's made no admissions. The roles could just as easily be reversed: a mother served with an application by a former partner would face exactly the same choices.
Can I get legal aid to respond?
Possibly. Legal aid for non-molestation orders is subject to a means test and a merits test for both applicants and respondents, according to the Legal Aid Agency's scope guide (May 2025). Separate financial rules can apply to someone applying for protection from domestic abuse, which is the subject of our guide to getting a non-molestation order before Christmas. A domestic abuse protection order is a separate type of order, and at the time of checking it's only available where the respondent lives in certain pilot areas listed on GOV.UK.
Frequently asked questions
Do I have to go to the hearing?
You should attend. If you don't, the court may go ahead and decide without hearing from you. If you can't get there for a very good reason, tell the court straight away.
Will a non-molestation order go on my criminal record?
The order itself is made in family proceedings and isn't a criminal conviction. Breaching it is different: a breach can lead to a conviction under section 42A of the Family Law Act 1996.
Can I contact the applicant about our children?
Check the wording of any order first and follow it exactly. If there's an order banning direct contact, use whatever route it allows. If you aren't sure, get advice before you send anything.
What can I do if I think the applicant has lied in their statement?
Answer it in your own statement with evidence. False statements in a verified document can be contempt of court, but under Family Procedure Rules 17.6 proceedings can only be brought by the Attorney General or with the court's permission.
Does this article apply in Scotland or Northern Ireland?
No. This article covers England and Wales only. Scotland and Northern Ireland have their own rules and courts.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We aren't solicitors and we don't represent clients in court, but we can help you understand the papers, put your statement and evidence in order and prepare for the hearing. Email help@incourt.co.uk or use our contact form. You can also read what clients say about us in our Google reviews.
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Sources (checked 9 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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