If you are facing domestic abuse or harassment, it can feel scary and confusing. You may be wondering what legal protection is available to keep you and your children safe. One of the strongest protections the law offers is a Non-Molestation Order. This article will help you understand what a Non-Molestation Order is, how it can protect you, who can apply for one, and what happens if it is broken. By the end, you will know what steps you can take to help protect yourself and your family.
What is a Non-Molestation Order?
A Non-Molestation Order is a legal order from the family court designed to protect you and your children from someone who is threatening, harassing, or abusing you. The person you want protection from is called the respondent, and you, the person asking for protection, are the applicant.
The order can stop the respondent from doing things like:
- Using or threatening violence against you.
- Harassing, intimidating, or pestering you.
- Contacting you by phone, text, social media, or in person.
- Coming near your home, workplace, or other places you visit.
- Encouraging others to do any of these things to you.
The purpose is to keep you safe and give you peace of mind. A Non-Molestation Order is a serious legal tool and breaking it is a criminal offence.
What Does ‘Molestation’ Mean?
The law does not give a clear definition of “molestation” in this context. But it covers a range of harmful behaviours. Examples that courts have accepted as molestation include:
- Threatening or using physical violence.
- Searching through your belongings without permission.
- Sending private or intimate photos of you to others without your consent.
- Repeatedly calling or messaging you to intimidate or harass.
If you feel frightened, threatened, or harassed by someone you know, that behaviour could be considered molestation and you might be able to get protection through a Non-Molestation Order.
Who Can Apply for a Non-Molestation Order?
You cannot just apply for this order against anyone. The law requires that you and the person you want protection from have a certain kind of relationship, called being Associated Persons. This means:
- You are or were married or in a civil partnership.
- You live together or have lived together as partners.
- You are related, for example, parents, grandparents, stepparents, or siblings.
- You have or had an intimate relationship for a significant period.
- You live or have lived in the same household in a family-type relationship.
- You intend to get married or become civil partners.
If you are under 16, you need the court’s permission to apply. This is to make sure you understand the process and the seriousness of the application.
How Does the Court Decide if You Should Get a Non-Molestation Order?
Applying for a Non-Molestation Order is a serious step, and the court will carefully consider your situation. The court’s main concern is your safety and the safety of any children involved.
Here’s what the court will look at:
- Your description of what has happened. It is important to give clear details of the behaviour that has caused you harm or fear.
- Evidence, if you have any, such as messages, emails, photos of injuries, or damage to your property.
- Whether you and the respondent have a close association as defined by law.
- The risks to your health, safety, and wellbeing.
- Whether the order is necessary to stop the respondent’s behaviour.
The court will decide based on the balance of probabilities — in other words, whether it is more likely than not that you need protection.
How Do You Apply for a Non-Molestation Order?
To apply, you need to complete a form called FL401, which is an application for various types of family court orders, including Non-Molestation Orders. If you are worried about your personal details being shared with the respondent, you can also fill out form C8 to keep your information confidential.
You can get these forms from the court or online, and you can fill them out yourself. However, many people find it helpful to get advice from a solicitor, domestic abuse charity, or legal advice centre to make sure the application is strong and complete.
In urgent situations, you can apply for an emergency order without telling the respondent first. This is called an “order without notice.” If the court grants this, it will usually arrange a follow-up hearing within about two weeks where the respondent can respond.
What Can the Court Order?
If the court agrees your application is valid, it can make an order that:
- Stops the respondent from using or threatening violence.
- Stops them from contacting or communicating with you.
- Prevents them from coming near your home, work, or other places you visit.
- Prevents them from encouraging others to harm or harass you.
The court can also protect any children involved in your case.
The order will normally last between 3 months and 1 year, but it can be extended if necessary.
What is an Undertaking?
Sometimes, instead of a full court order, the court may accept an undertaking from the respondent. This is a formal, legally binding promise not to behave in a certain way.
However, undertakings are generally not accepted if:
- The abuse or harassment is high-risk or severe.
- The respondent has already broken previous orders.
If you are in a high-risk situation, it is much safer to have a full Non-Molestation Order.
What Happens if the Respondent Breaks the Order?
If the respondent breaks the Non-Molestation Order, it is a criminal offence. The respondent must be personally served with the order so they know what it says and what they must not do.
If the respondent breaches the order, you can:
- Call the police immediately and report the breach.
- The police can arrest the respondent.
- The respondent can be prosecuted and punished in court.
The punishments for breaching the order include:
- A fine.
- Imprisonment for up to 5 years (often less, but it depends on the seriousness).
Breaches of Non-Molestation Orders are taken very seriously by the courts because they put victims at risk.
Can the Applicant Break the Order?
While the order is made against the respondent, there may be situations where the applicant contacts the respondent. This could cause confusion or problems, especially if the respondent is accused of breaching the order.
It is important for you to understand that contacting the respondent might affect the legal situation, but it is the respondent’s responsibility to obey the order and not coerce or threaten you.
If you are the respondent (the accused), it is vital to get independent legal advice to avoid breaking the order and ending up with a criminal record.
What Are the Benefits of a Non-Molestation Order?
Many survivors of domestic abuse say that just having a Non-Molestation Order can make a big difference. It sends a clear message that you are serious about your safety and that the authorities are involved.
The order can:
- Provide peace of mind.
- Help you feel safe in your own home.
- Protect children from harm.
- Make the abuser aware that there will be serious consequences if they continue abusive behaviour.
What to Do If You Need Help
If you think you need a Non-Molestation Order, here are some steps you can take:
- Get advice: Contact a domestic abuse support organisation, legal advice centre, or solicitor for help.
- Gather evidence: Keep texts, emails, photos, or any evidence of abuse or harassment.
- Apply for the order: Fill in the forms carefully and submit your application to the family court.
- Stay safe: Plan how to stay safe while the order is being processed. Talk to friends, family, or a support worker.
- Report breaches: If the order is broken, contact the police immediately.
Final Thoughts
You should never feel alone if you are experiencing abuse or harassment. The law provides powerful tools like the Non-Molestation Order to protect you and your family. Understanding how it works can give you confidence to take the right steps.
Remember, help is available, and you deserve to live without fear. Whether you decide to apply for a Non-Molestation Order or seek other support, the most important thing is your safety and wellbeing.
