Legal service
Non Molestation Order Solicitor
A non-molestation order can protect an eligible person or a relevant child from abusive or harassing behaviour. This England and Wales remedy may be available without divorce proceedings. If you are in immediate danger, contact the police; do not wait for a website enquiry or a response from Highfin.
Non-Molestation Orders
Seeking protection from domestic abuse
Discuss your Non-Molestation Orders enquirySources checked on . This general information does not assess your individual circumstances.
What the order can protect against
The court can prohibit specified behaviour, including threats, harassment or unwanted contact, where the legal test is met. Domestic abuse is not limited to physical violence: controlling, coercive, psychological and economic abuse can be relevant to the assessment.
A non-molestation order is different from an occupation order, which addresses occupation of the home. Other remedies, including criminal-law protection and domestic abuse protection orders, have different tests and procedures. DAPO availability remains subject to the current rollout; do not assume every remedy is available in every area.
Eligibility and the relationship
The applicant and respondent normally need to be 'associated persons' under the Family Law Act. Categories include current or former spouses or civil partners, cohabitants, relatives and people with certain parental connections. A qualifying intimate relationship does not always require living together.
Eligibility is not established just by sharing a building or describing someone as an acquaintance. The statutory categories and exceptions must be checked. Applications involving someone under 18 need particular procedural advice; an applicant under 16 requires permission.
Preparing evidence safely
An FL401 application needs a supporting witness statement explaining what happened, the protection sought and the effect on you or any relevant child. Give a clear chronology, distinguishing what you witnessed from information supplied by others, and use the required statement of truth.
Relevant messages, incident details or police references may assist, but do not put yourself at risk to obtain evidence. Explain gaps honestly. Ask about C8 confidentiality and safe contact arrangements, and check that supporting documents do not inadvertently disclose an address you need to protect.
- The relationship and any current family or criminal proceedings.
- Recent incidents, any wider pattern and the impact on safety.
- Existing orders, relevant communications and safe ways to contact you.
Urgent and without-notice applications
An application without notice asks the court to consider protection before the respondent has been notified. Section 45 requires an assessment of all the circumstances, including immediate risk, whether the applicant may be deterred from proceeding and prejudicial evasion of service. Urgency should be explained with specific facts.
The supporting statement must explain why notice has not been given and disclose material facts, including those which may not support the application. The court may decide on the papers or require a hearing; an order is not guaranteed. If protection is granted without notice, the respondent must have an opportunity to make representations at a full hearing.
Service and the next hearing
Service is the formal process of giving the respondent the documents. You must not personally serve the application or order yourself. Follow the court's directions and obtain advice about who will serve it and how service will be recorded.
Read the order for its restrictions, duration and hearing arrangements. Ask the court about participation measures if attending alongside the respondent creates difficulties. A without-notice order is not a final determination of every disputed allegation, and further evidence may be required.
Breach, continuing protection and advice
Breaching a non-molestation order without reasonable excuse is a criminal offence. For an order made without notice, awareness of its existence matters. Report an alleged breach to the police and retain evidence safely; criminal prosecution and contempt proceedings have rules preventing double punishment for the same conduct.
Check the expiry date and obtain advice before protection ends if risks continue. Only the court can vary or discharge the order; private contact does not itself rewrite its terms. Ask Highfin to confirm whether it can assist with the particular application and timescale, rather than relying on an assumed emergency service.
Official guidance
- GOV.UK: domestic abuse injunctions
- Family Law Act: non-molestation orders
- Family Law Act: associated persons
- GOV.UK: applying for an injunction
- HMCTS: FL401 and supporting statement guidance
- Family Law Act: orders without notice
- Family Justice Council: protective injunction guidance 2026
- Family Procedure Rules: protective injunctions
- Family Law Act: breach of an order
- Immediate safety comes first
- Contact the police if there is immediate danger. The enquiry form must not be relied on for urgent protection.
- Separate court fees from legal costs
- There is no court application fee for these injunctions. Advice and representation may involve charges; Highfin's legal-aid status, availability and funding arrangements are not confirmed here.
Frequently asked questions
Your questions
Do I have to be married to apply?
No. The statutory associated-person categories are wider than marriage. The precise relationship and any applicable conditions still need checking.
Must there have been physical violence?
No. Abusive or harassing conduct can take other forms. The evidence, relationship and need for protection are assessed by the court.
Will the respondent be told before an urgent order?
An application can be considered without notice where justified. That does not mean the case stays secret: service and a later opportunity to respond remain necessary.
Does this decide who owns or lives in the home?
A non-molestation order is not a final property settlement. Occupation orders and other housing or financial remedies involve separate questions.
Can I agree privately to cancel the order?
A private agreement does not discharge a court order. Obtain advice about applying to vary or discharge it, and do not assume contact changes its terms.
Your next step · Non-Molestation Orders
Let’s start with
a conversation.
Enquire about Non-Molestation Orders using the Contact page enquiry section.
Use the enquiry form or our telephone or email contact details.
View enquiry formReturn to Family Law