You can obtain a non-molestation order through family court to protect victims of domestic abuse. The order prohibits the abuser from molesting the applicant.

Breach of a non-molestation order can have serious consequences that can even lead to a prison sentence of up to five years depending on the seriousness of any reported breach.

If you believe that you are at risk of violence or harassment, call our family law solicitors at 0203 417 3700 and we will help you to obtain a non-molestation order.

  1. What is a non-molestation order?
  2. Who can apply for a non-molestation order?
  3. How to apply for a non-molestation order?
  4. What is the process to obtain a non-molestation order?
  5. How long does it take to obtain a non-molestation order?
  6. Cost of contesting a non-molestation order
  7. Frequently asked questions (FAQs)

What is a non-molestation order?

A non-molestation order is a type of injunction issued by the Family Court that protects you or your children from being harmed or threatened by the person who is abusing you.

The purpose of non-molestation orders is to prevent a partner, spouse, ex-spouse, or other associated people from causing you or your children harm.

Abuse does mean only physical harm it also includes harassment, intimidation, psychological abuse, and much more.

Who can apply for a non-molestation order?

A non-molestation order can be served to many different types of people. You can apply for non-molestation order if you are a victim of domestic abuse and the person you want to be protected from (‘the respondent’) is:

  • husband, wife, or civil partner
  • former husband, former wife, or former civil partner
  • fiancé, fiancée or proposed civil partner
  • Someone you are having or have had a relationship with
  • Someone you are living or have lived with
  • A family member
  • A father or mother of your children

How to apply for a non-molestation order?

You can apply for a non-molestation order by using FL401 form yourself. However, it is advisable to get legal advice and assistance from an expert family law solicitor to strengthen your case and avoid making any mistakes that could cause delays in getting your injunction.

You can also use CourtNav to prepare an injunction application online.  CourtNav is an online tool provided by RCJ Citizens Advice.

If you choose to use CourtNav, you will not need to complete this FL401 form or a supporting statement. CourtNav will complete both for you.

Speak to our family law solicitors on 020 3417 3700 to get legal advice, eligibility assessment and assistance with your injunction application.

What is the process to obtain a non-molestation order?

The non-molestation order or injunction application process involves the following steps if you want to prepare an injunction application online using the CourtNav tool:

  1. You will need to create your CourtNav account (if using the CourtNav tool)
  2. Download and fill in the FL401 application form (if applying by email, post or in person)
  3. You will need to write a sworn statement to explain what happened to you
  4. You need to include the name and address of the person who’s abused you
  5. Download and fill in form C8 if you want to keep your address and telephone number private
  6. After the submission of the application, you will receive a ‘Notice of Proceedings’ explaining when your court hearing will take place
  7. The ‘respondent’ will be notified of the application
  8. You both need to attend a Court hearing
  9. After a full hearing, the Court will decide whether to grant or reject the injunction application

We at Wembley Solicitors can help with your injunction application to obtain a non-molestation order against your abuser.

How long does it take to obtain a non-molestation order?

The Court will immediately grant a non-molestation order to protect the applicant until a full hearing can take place if there is very strong evidence of recent physical violence.

Cost of contesting a non-molestation order

There is no court fee for applying for an injunction to obtain non-molestation order. However, you might need to pay the legal fees of your legal representative if you want to use their legal services to strengthen your case or argument.

Call on 020 3417 3700 to speak to our family law solicitors in Wembley, London or fill in the enquiry form for immediate advice & assistance with your non-molestation or occupation order applications.

Frequently asked questions (FAQs)

If the applicant(s) feel that they need further legal protection then they can extend the non-molestation order before it expires.

If the non-molestation order expires then you will need to make a new application to obtain a non-molestation order.

Usually, the Family Court issue non-molestation orders for 6 to 12 months, however, the applicant can apply for an extension of non-molestation orders before the expiry of the original order.

If the respondent disagrees with a non-molestation order issued by the Family Court then the respondent might be able to challenge the Court's decision to remove the non-molestation order.

It is recommended to get legal assistance from a highly experienced family law solicitor if you wish to dispute a non-molestation order.

Yes, you and the abuser (‘the respondent’) both need to attend a Court hearing to obtain a non-molestation order. As this is a private matter, only the people who are directly concerned with the case will attend the Court hearing. Directly concerned people means the applicant(s), the respondent(s), and any legal representatives of both parties.

Need legal advice & assistance?

Our London based team of the best divorce and family law solicitors offers legal services in all areas of family law such as divorce, financial settlements etc.

We're authorised and regulated by the Solicitors Regulation Authority (SRA), so you know you're in safe hands.

Contact our solicitor today to get legal advice and assistance with your legal matters.

You can call us on 02034173700 or leave your details here for a callback request regarding your legal matter.

CALL