Non-Molestation Order for Domestic Violence

A non-molestation order is a type of injunction issued by the family court to protect victims of domestic abuse from harm, harassment, intimidation, or threats by a partner, ex-partner, or family member.

At Wembley Solicitors, we understand how challenging it is to apply for a non-molestation order, especially when concerned about your safety or your children's.

Our team of expert family law solicitors will guide you through the entire process, ensuring you have the necessary information and evidence for quick protection.

With expert legal advice, we'll help secure your safety and ensure you and your children are protected from harm.

If you are experiencing domestic violence or abuse, contact Wembley Solicitors at 0203 417 3700 for help with obtaining a non-molestation order.

Table of Contents

What is a non-molestation order?

A non-molestation order is an injunction issued by the family court that protects victims of domestic violence from harassment or threats from their abuser.

You can apply for a non-molestation order if you need protection from a current or former partner, family member, or someone you’ve lived with.

Who can apply for a non-molestation order?

You can apply for a non-molestation order if you’re a victim of domestic abuse and need protection from the person (‘the respondent’) who is your:

• husband, wife or civil partner
• former husband, former wife or former civil partner
• fiancé(e), ex-fiancé(e), or proposed civil partner
• cohabiting partner or ex-partner

You can also apply for a non-molestation order if the respondent is a close family member, such as a parent, brother, sister, aunt, or uncle.

If the abuser doesn't fit these categories, you might need a different legal protection, like a Restraining Order.

What type of abuse does a non-molestation order cover?

A non-molestation order covers a range of abusive behaviours, including:

• Physical abuse or violence
• Verbal abuse and threats
• Harassment and stalking
• Emotional and psychological abuse
• Coercive control and intimidation
• Sexual abuse
• Financial abuse

The non-molestation order is designed to protect individuals from any form of molestation or harassment that threatens their safety or well-being.

How to apply for a non-molestation order?

To apply for a non-molestation order, you should complete the FL401 form and submit it to the family court along with evidence of abuse or harassment.

In urgent cases, you can request a without notice order for immediate protection. A court hearing may be required before the order is granted.

What evidence do you need for a non-molestation order?

To apply for a non-molestation order, you need to provide evidence that demonstrates the abuse or harassment you’ve experienced. The type of evidence can include:

• Witness statement of incidents of abuse
• Police reports
• Medical records
• Threatening messages, emails, or call logs
• Audio or video recordings
• Diary or log of incidents

This evidence helps to show that you are at risk and that a non-molestation order is necessary to protect your safety.

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

A non-molestation order can be granted within 24 hours in urgent cases. Standard applications usually take a few weeks, depending on court processing times.

If you're in immediate danger, you can get an emergency order on the same day that gives you quick protection.

How long does a non-molestation order last?

A non-molestation order typically lasts between 6 to 12 months. However, it can be extended depending on your circumstances and the level of protection needed.

A non-molestation order can be discharged (ended) by the court if the person who applied for the order no longer feels at risk or if circumstances have changed.

How much does a non-molestation order cost in the UK?

There is no court fee to apply for a non-molestation order in the UK. However, solicitor fees may apply, depending on the complexity of your case.

Contact Wembley Solicitors at 0203 417 3700 to arrange a consultation, where we’ll discuss your matter in detail and explain our legal fees related to helping with a non-molestation order application.

Can I get a non-molestation order without the abuser knowing?

Yes, you can apply for a "without notice" (ex-parte) non-molestation order if you're worried about telling the abuser. This way, the court can make an order without telling them first.

But the court will have a second hearing where the abuser can speak up. If they disagree, a trial may happen. This could make the decision take longer.

What happens if the abuser breaks the order?

Breaching a non-molestation order is a criminal offence. You should report it to the police immediately, as the offender could be arrested, fined, or jailed.

You should:

• Call the police right away
• Show evidence of the breach (like messages or witness reports)
• The abuser could face arrest, fines, or up to five years in prison

Do I need a solicitor to apply for a non-molestation order?

A specialist family law solicitor can provide legal advice, help prepare strong evidence and represent you in court. It will increase the chances of a successful non-molestation order application, especially in complex cases.

Our specialist family law solicitors can:

• explain your rights and legal options clearly.
• help in completing and submitting the FL401 form
• assist in collecting strong evidence to support your case.
• apply for a without notice order if immediate protection is needed.
• represent you in hearings, presenting a strong case.
• handle communication with the other party and ensure your safety.
• guide you on what to do if the order is breached.

Contact Wembley Solicitor to obtain a non-molestation order

Experiencing domestic violence or abuse? Contact our expert family law solicitors in London at 0203 417 3700 for help with obtaining a non-molestation order.