A non-molestation order is a powerful legal tool designed to protect people from harassment, threats, and abuse. It is most often used in situations involving domestic abuse, controlling behaviour, or ongoing harassment by a partner, ex-partner, or family member. If you feel unsafe around someone you have a close relationship with, understanding how a non-molestation order works can be an important first step towards protection.
What Exactly Is a Non-Molestation Order?
In simple terms, a non-molestation order is a type of court order that tells someone to stop behaving in a way that harms, scares, or harasses you. The word “molestation” in law does not just mean physical contact. It covers a wide range of behaviour, including:
- Physical violence or threats of violence
- Verbal abuse, shouting, or intimidation
- Stalking, following you, or turning up unexpectedly
- Constant phone calls, texts, emails, or social media messages
- Harassment at home, work, or any place you regularly visit
When a court makes a non-molestation order, it is legally binding. The person it is made against (called the respondent) must obey the terms of the order or face serious consequences, including arrest.
Quick Facts: Non-Molestation Orders
A non-molestation order is a civil court order, but breaching it is a criminal offence. It can be made urgently if you are at immediate risk, and it can protect your children as well as you. The order can also work alongside other legal protections, such as an occupation order.
Who Can Apply for a Non-Molestation Order?
Non-molestation orders are usually available to people who are, or have been, in a close relationship with the person they need protection from. This normally includes:
- Married or civil partners
- Former spouses or ex-partners
- People who live or used to live together as a couple
- Family members, such as parents, children, siblings, or in-laws
- People who share parental responsibility for a child
If you are unsure whether your relationship qualifies, it is a good idea to speak to a solicitor, a domestic abuse charity, or a legal advice service. They can help you understand your options and whether a non-molestation order is the right protection for you.
Who Is Classed as “Associated” for the Court?
The law uses the term “associated person” to decide who can apply. This includes people who are or were married, in a civil partnership, living together, engaged, related by blood, or who share parental responsibility. Even if your situation feels complicated, it is still worth checking your eligibility.
What Does a Non-Molestation Order Actually Do?
A non-molestation order can be tailored to your situation, but its main aim is to stop the respondent from frightening, threatening, or contacting you. Depending on what you ask the court for, the order may:
- Forbid the respondent from using or threatening violence against you or your children
- Ban them from harassing, pestering, or intimidating you in any way
- Stop them from contacting you by phone, text, email, or social media
- Prevent them from coming near your home, workplace, or your children’s school
The order will clearly set out what the respondent is not allowed to do. If they ignore it, they may be arrested and could face criminal charges.
Examples of Conditions in an Order
A court might say the respondent must not come within a certain distance of your home, must not contact you directly or indirectly, and must not damage your property. Each order is written to reflect the specific risks in your case.
How Do You Apply for a Non-Molestation Order?
The process usually starts with an application to the family court. You can apply yourself, but many people find it helpful to get support from a solicitor or a domestic abuse support service. The basic steps are:
- Prepare your application: Complete the court forms and write a statement explaining who you need protection from and what has happened.
- Gather evidence: Police reports, medical records, messages, emails, photos, and witness statements can all help to show the court what you have experienced.
- Urgent or “without notice” orders: If you are in immediate danger, you may be able to apply without the other person being told beforehand.
- Court hearing: A judge will look at your evidence and decide whether to grant the order and what conditions it should include.
Legal aid may be available in some circumstances, especially where there is evidence of domestic abuse and you cannot afford to pay for legal advice yourself.
Tips for Preparing Your Evidence
Keep a record of incidents with dates and times, save abusive messages, and note any witnesses who saw or heard what happened. The more specific and detailed your information is, the easier it is for the court to understand the risk you are facing.
How Long Does a Non-Molestation Order Last?
Non-molestation orders are normally made for a fixed period, commonly six months to a year. However, the court can choose a shorter or longer time depending on the level of risk and the facts of your case. If you still need protection when the order is due to end, you can ask the court to extend it.
The key point is that the order is in force from the moment it is served (officially given) to the respondent. Until it expires or is changed by the court, the respondent must follow every condition in it.
Can an Order Be Changed or Discharged?
Yes. Either you or the respondent can ask the court to vary (change) or discharge (end) the order if circumstances change. The court will look carefully at whether you are still at risk before making any decision.
What Happens If a Non-Molestation Order Is Breached?
Breaching a non-molestation order is a criminal offence. If the respondent ignores the order – for example by turning up at your home, sending you abusive messages, or threatening you – you should contact the police straight away and explain that you have a non-molestation order in place.
The police can arrest the respondent, and the case may go to the criminal courts. Depending on how serious the breach is, they could face fines, a community order, or even a prison sentence. Knowing that a breach is a crime often acts as a strong deterrent and gives many victims greater confidence and peace of mind.
What to Do If the Order Is Breached
Call the police, keep any evidence of the breach (such as messages or missed calls), and write down what happened as soon as you can. Let your solicitor or support worker know, so they can help you navigate the next steps.
Getting Help and Support
If you are thinking about applying for a non-molestation order, you do not have to face the process alone. There are many sources of support, including:
- Domestic abuse charities and helplines offering confidential advice
- Solicitors who specialise in family and domestic abuse law
- Local support services that can help with housing, safety planning, and emotional support
- The police, who can act quickly if you are in immediate danger
Reaching out for help can feel daunting, but it is often the first step towards safety and a more secure future. A non-molestation order is just one part of a wider support system designed to protect you from harm.
Where to Find Confidential Support
Many national and local organisations offer 24-hour helplines, online chat, and safe spaces to talk. Search for domestic abuse support services in your area, or speak to your GP, a trusted friend, or a legal adviser who can point you in the right direction.
Key Takeaways
A non-molestation order is a court order that protects you from harassment, threats, and abuse by someone you have a close relationship with. It can stop them from contacting you, coming near your home, or behaving in any way that harms or frightens you. Breaching the order is a criminal offence and can lead to arrest.
If you feel unsafe because of a partner, ex-partner, or family member, it is worth seeking advice about whether a non-molestation order could help you. You deserve to feel safe, respected, and free from fear in your own life and your own home.
In Short
A non-molestation order is legal protection designed to help you feel safe. It sets clear rules the other person must follow and gives the police stronger powers to act if abuse continues. You are not alone, and support is available.