If you’re in an abusive relationship or you feel unsafe due to someone’s actions, it’s essential to know that there is help available. One of the most powerful ways to protect yourself and your children is by applying for a non-molestation order. This legal order can stop the person who is harming you from contacting or coming near you. But if you’ve never gone through this process before, you might be unsure about what to do, how it works, and whether you qualify.
In this article, we will break down everything you need to know to help you feel confident in applying for a non-molestation order. This step-by-step guide will explain what the order is, who can apply, how to apply, and what happens during the court process.
What Is a Non-Molestation Order?
A non-molestation order is a legal order that protects individuals who are being harassed, abused, or threatened by someone they know. This order can prevent someone – whether a partner, family member, or ex-partner – from coming near you, contacting you, or behaving in ways that cause harm, such as psychological abuse, threats, or physical harm.
The order is granted by the family court, and its primary aim is to ensure your safety. Importantly, the person who is abusing or threatening you must comply with the order once it is in place. If they breach the order, they can be arrested and face serious legal consequences.
Why Should You Apply for a Non-Molestation Order?
If you are facing any form of abuse, whether physical, emotional, psychological, or even financial, a non-molestation order can give you the legal protection you need. This order can help:
- Prevent an abusive partner or family member from contacting you or coming near you.
- Stop ongoing harassment, threats, or any form of intimidation.
- Protect your children from harm or abuse.
- Provide you with peace of mind knowing that you have the law on your side.
If you feel unsafe or have been suffering abuse, a non-molestation order can be a crucial step in ensuring your safety and rebuilding your life.
Who Can Apply for a Non-Molestation Order?
To apply for a non-molestation order, you must be an individual who has been subjected to abusive behaviour by an associated person. An associated person can include:
- A spouse or ex-spouse.
- A civil partner or ex-civil partner.
- A fiancé or ex-fiancé.
- A family member (e.g., a parent, sibling, or grandparent).
- Someone you live with or have lived with in the past.
- The mother or father of your children.
If you are under 16, you will need special permission from the High Court to apply.
What Types of Harm Can a Non-Molestation Order Protect Against?
A non-molestation order isn’t just for physical abuse; it can protect you from all types of harm, including:
- Physical harm: Violence, hitting, pushing, or any form of physical assault.
- Psychological abuse: Threatening behaviour, intimidation, or gaslighting.
- Harassment: Repeatedly contacting you, following you, or stalking you.
- Coercive or controlling behaviour: Forcing you to do things against your will or controlling your actions.
- Financial abuse: Controlling your finances or preventing you from accessing money.
Even if the harm is not physical, a non-molestation order can still be applied for if the person is causing significant emotional or psychological distress.
How Do You Apply for a Non-Molestation Order?
The process of applying for a non-molestation order can feel overwhelming, but don’t worry – we’ll guide you through the steps. The process is relatively straightforward, and you don’t need to pay a fee to apply for the order.
1. Gather Your Evidence
Before you apply for the order, you’ll need to gather evidence to support your application. This could include:
- Witness statements: From anyone who has seen or heard the abuse, or from friends or family who know about the situation.
- Police reports: If the abuse has been reported to the police.
- Medical records: If you have any physical injuries or psychological harm due to the abuse.
- Text messages, emails, or social media messages: Any abusive communication that can be shown as evidence.
The more evidence you have, the stronger your case will be in court.
2. Complete the Application Form (FL401)
You will need to complete an FL401 form, which is the application form for a non-molestation order. This form is lengthy (over 20 pages), but it’s designed to help the court understand the situation and why you need protection.
You will need to provide:
- Details about yourself and the person you are seeking protection from.
- Information about the harm or abuse you’ve experienced.
- Evidence of the abuse, including any supporting documents.
If you’re unsure about how to fill out the form, it’s a good idea to get legal advice. Many solicitors offer free initial consultations, so it’s worth reaching out for support.
3. Submit Your Application
Once you’ve completed the form, you will need to submit it to your local family court. You can submit it by post, in person, or, in some cases, via email. There is no court fee for applying for a non-molestation order.
The court may also ask for further evidence to support your application. If you feel unsafe or in immediate danger, you can apply for an emergency order, which will be dealt with urgently.
4. Attend the Hearing
After your application has been submitted, the court will schedule a hearing. This is where a judge will consider your case and make a decision on whether to grant the non-molestation order.
At the hearing, you will have the chance to present your evidence and explain the situation. You can bring a solicitor to represent you during the hearing, but it’s not compulsory. The judge will carefully consider all the evidence before making their decision.
5. Receiving the Order
If the judge agrees to grant the non-molestation order, it will be served on the person who is abusing or threatening you. This is called being “served with the order”. The court will ensure that the respondent (the person you’re applying against) is properly notified of the order.
Once the order is in place, it is legally binding, and the person who the order is against must comply with its terms. If they breach the order, they can be arrested and face serious consequences.
What Happens if the Person Breaks the Order?
A non-molestation order is not just a piece of paper – it’s a serious legal tool. If the person breaches the order, they can face:
- Arrest: The police can arrest them for breaking the order.
- Criminal charges: The breach of a non-molestation order is a criminal offence, which can lead to prosecution.
- Up to 5 years in prison: For serious breaches, the person can be sentenced to up to 5 years in prison.
If you experience any further threats or abuse, contact the police immediately.
How Long Does a Non-Molestation Order Last?
Non-molestation orders typically last between 6 and 12 months, depending on the circumstances. If you still feel unsafe at the end of this period, you can apply to extend the order.
If the situation improves, the order can be discharged (removed) by either party asking the court to do so.
Can You Apply Without the Person Knowing?
In some urgent situations, you may want to apply for a non-molestation order without the person knowing. This is known as an ex-parte or without notice application. This can be useful if you feel that informing the person about the application beforehand could put you in further danger.
In these cases, the court will usually grant a temporary order until a second hearing, where the other party will be informed, and they will have the chance to respond.
What Should You Do Next?
If you are experiencing abuse, your first priority is to seek safety and support. Once you have done that, applying for a non-molestation order is an important step to secure long-term protection.
Remember, you don’t have to go through this process alone. There are numerous organisations and solicitors that can offer advice and assistance in securing the protection you need. The most important thing is that you are taking steps to protect yourself and your children.
