What is a non-molestation order and which law governs it in England and Wales?
A non-molestation order is a court order that prohibits a person from molesting, harassing, pestering, or using or threatening violence against the applicant or any relevant child. It is made under Part IV of the Family Law Act 1996. The Family Court has power to attach a power of arrest, and breach of the order is a criminal offence under section 42A of that Act carrying up to five years imprisonment.
Who can apply for a non-molestation order?
Only associated persons can apply. The Family Law Act 1996 defines associated persons broadly to include current and former spouses and civil partners, cohabitants and former cohabitants, people who live or have lived in the same household, relatives, parties to an agreement to marry, parents of a child, and people involved in the same family proceedings.
What is a without-notice application and when should I use one?
A without-notice (ex parte) application is heard by the judge without notifying the respondent in advance. You should use it where there is a risk of significant harm to you or a child if the respondent were notified, where giving notice would cause the respondent to evade service or defeat the purpose of the order, or where you are acting urgently. The court will list a return hearing so the respondent can attend and challenge the order.
What form do I need to apply for a non-molestation order?
You must complete Form FL401 (Application for a non-molestation order and/or an occupation order). You must also provide a supporting witness statement setting out the history of the abuse and the specific incidents you rely on. The forms are available free on GOV.UK. File them at your local Family Court or at any Family Court if you are in fear of immediate harm.
What does a non-molestation order actually prohibit?
The terms are tailored to the circumstances but typically prohibit the respondent from using or threatening violence, intimidating, harassing, or pestering the applicant, contacting the applicant by any means including telephone, text, email, or social media, and approaching or coming within a specified distance of the applicant's home, workplace, or children's school.
What is an occupation order and how does it differ from a non-molestation order?
An occupation order regulates who can live in or enter the family home. It can require the respondent to leave the property, exclude them from an area around it, or allow the applicant back into the home. It is also applied for using Form FL401 at the same time as a non-molestation order. The criteria are more complex and the court must balance the harm to each party and any children.
Is Legal Aid available for non-molestation order applications?
Yes. Domestic abuse cases are one of the priority areas for Legal Aid in England and Wales. The Legal Aid Agency funds both emergency and full representation for victims of domestic abuse who meet the means and merits tests. Evidence of domestic abuse — such as a police report, medical evidence, a letter from a domestic abuse support organisation, or a previous injunction — is needed to access this funding. Contact your local Citizens Advice or the National Domestic Abuse Helpline on 0808 2000 247.
What happens if the respondent breaches a non-molestation order?
Breach of a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996. The police can arrest the respondent without a warrant. On conviction the respondent can be sentenced to up to five years imprisonment. You can also apply to the Family Court for a warrant of arrest or for the respondent to be committed for contempt of court.
How long does a non-molestation order last?
The court specifies the duration when making the order. A typical order lasts for 12 months, although the court can make it for a shorter or longer period. You can apply to extend the order before it expires. If you are in continuing danger, apply for an extension well in advance of the expiry date.
How does uplaw.ai help with non-molestation orders in England and Wales?
Tell us your situation in the chat — who the respondent is, what has happened, and whether you need an urgent without-notice application. uplaw.ai helps you understand your options, draft your FL401 application and supporting statement, and identify Legal Aid and support services available to you without paying for a solicitor.
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