This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A comprehensive guide explaining how non‑molestation orders in England and Wales restrict communication. Covers what forms of contact are prohibited, how orders are drafted, exceptions for child arrangements, enforcement and breach consequences, and practical guidance for applicants and respondents.
A non‑molestation order is a type of family court injunction designed to protect individuals and their children from abuse, harassment, intimidation or molestation by a current or former partner, family member or associated person. One of the most significant features of a non‑molestation order is how it restricts communication between the protected person (the applicant) and the person subject to the order (the respondent). This article explains what non‑molestation orders are, how they limit contact and communication, the legal framework and practical implications for victims, respondents, solicitors and courts in England and Wales.
What Is a Non‑Molestation Order?
A non‑molestation order is made under Section 42 of the Family Law Act 1996, with criminal sanctions for breach. The court can grant an order to prevent the respondent from using or threatening violence, intimidating, harassing or pestering the applicant and any relevant children. Breach of a non‑molestation order without reasonable excuse is a criminal offence punishable by arrest and up to five years' imprisonment or a fine.
Non‑molestation orders are typically sought in cases of domestic abuse, coercive control or ongoing harassment. The order's terms are tailored to the circumstances but will often include restrictions on communication to safeguard the applicant effectively.
Legal Basis for Communication Restrictions
The Family Law Act 1996 provides the statutory basis for non‑molestation orders. Courts have authority to impose specific prohibitions on behaviour that would otherwise expose the applicant or their children to risk. This includes both direct and indirect contact. Communication restrictions form a core protective mechanism of these orders.
Orders must be clear, proportionate and readily enforceable by police, with carefully drafted terms that avoid ambiguity. The most effective orders often prohibit all contact between the parties, subject to very limited and defined exceptions.
Types of Communication Restricted
Non‑molestation orders can restrict communication in several ways:
1. Direct Contact
The order can prohibit the respondent from communicating directly with the applicant by any means. This covers:
- Face‑to‑face contact
- Telephone calls and voicemails
- Text messages
‑ Emails - Instant messaging apps
- Written letters
Direct contact restrictions are fundamental when the risk arises from persistent or unwanted communication that has caused fear, distress or intimidation.
2. Indirect Contact
Indirect communication is also blocked. This prevents the respondent from circumventing the order by engaging in contact through:
- Family, friends or mutual acquaintances
- Social media comments, tagging or posts
- Messages passed through third parties
- Digital platforms where the respondent might use different accounts
Prohibiting indirect contact ensures the respondent cannot use intermediaries or indirect channels to harass or intimidate the applicant.
3. Third‑Party Communication
The order often specifies that the respondent must not ask someone else to contact the applicant on their behalf. This captures behaviour where the respondent attempts to send messages or instructions through others, which could otherwise undermine the protective purpose.
4. Electronic and Social Media Communication
Modern non‑molestation orders make explicit the prohibition of communication via electronic and online platforms. This includes:
- Social media direct messages
- Posts or comments about the applicant
- Messaging services (such as WhatsApp or Facebook Messenger)
This recognises the reality that harassment and coercive control increasingly occur through digital means.
Exceptions to Communication Restrictions
While most communication is restricted, courts can include specific exceptions or limited forms of contact when necessary, particularly where children are involved or practical issues arise:
- Communication for Child Arrangements: The respondent may be allowed to communicate solely for the purpose of arranging child contact or welfare matters. The court often restricts this to written communication (e.g., email only) to create a clear record and reduce risk of further abuse.
- Solicitor‑to‑Solicitor Contact: The order may allow contact through legal representatives where necessary, such as serving documents or evidence relevant to ongoing proceedings.
- Court‑Approved Channels: In some cases, the order may permit structured communication (such as through a communication book or supervised exchange) that complies with the order's protective intent.
Practical Impact on Respondents and Applicants
Respondent Obligations
Once a non‑molestation order is in force:
- The respondent must stop all prohibited communication immediately.
- Any attempt to contact the applicant, directly or indirectly, may constitute a breach of the order.
- Even if the applicant initiates contact, the respondent must not respond unless the order specifically allows it.
Failure to adhere to the terms exposes the respondent to arrest and criminal proceedings without the need for a fresh application to court.
Applicant Considerations
For protected persons:
- It is crucial to understand exactly what forms of communication are prohibited.
- Applicants should retain evidence of prohibited contact to support police enforcement.
- In cases involving children, carefully structured communication arrangements may be necessary to balance safety with parental responsibilities.
How Orders Are Drafted
Effective non‑molestation orders are:
- Precise: They use explicit wording that criminalises prohibited conduct, such as “must not telephone, email, text or otherwise contact…”
- Comprehensive: They cover both direct and indirect contact.
- Tailored: They reflect the specific circumstances of the individuals and the associated risk.
Orders that are too vague, such as using broad terms without clear scope, can be difficult to enforce. Judges increasingly favour simple “no contact” terms that impose clear prohibitions and avoid ambiguity.
Breaches and Enforcement
If the respondent breaches a non‑molestation order, the police can arrest them immediately. Prosecution for breach does not require a separate arrest warrant, and the Crown Prosecution Service can pursue criminal charges. Penalties include fines and custodial sentences of up to five years for serious breaches.
Applicants should report breaches promptly and provide evidence such as call logs, screenshots of messages or witness statements to support enforcement.
Time Limits and Variation of Orders
Non‑molestation orders typically have a specified duration set by the court. Common periods range from six months to a year but can be extended if ongoing risk is demonstrated. Parties can apply to vary the order's terms if circumstances change, for example to allow specific communication pathways that remain safe.
Common Questions
Can a non‑molestation order stop all communication?
Yes. A well‑drafted order can prohibit all contact - direct, indirect and via third parties - unless limited exceptions are included by the court.
Does the order automatically prevent contact with children?
Not necessarily. Communication related to child arrangements may be permitted if expressly included in the order or separately agreed or ordered by the court.
What happens if the respondent contacts the applicant through social media?
Online communication is treated like other forms of contact. Any prohibited message, post or tag that breaches the order may lead to arrest and prosecution.
Summary
Non‑molestation orders are powerful legal tools designed to protect victims of domestic abuse, harassment or intimidation. Communication restrictions are central to these orders and can ban direct and indirect contact through multiple channels - telephone, texts, emails, social media, and even third parties. Orders are tailored to circumstances and can include limited exceptions for child arrangements or legal process. Breach of a non‑molestation order is a criminal offence with significant consequences. Understanding how these orders operate helps applicants secure effective protection and ensures respondents comply with legal obligations.
