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.
Comprehensive guide to non‑molestation orders for intimate partner violence in England and Wales, explaining how they protect victims, who can apply, the legal process, prohibited conduct, enforcement against breaches and practical steps to secure and maintain protection.
Non‑molestation orders are a key legal remedy for people experiencing intimate partner violence in England and Wales. They are civil court orders designed to protect victims from further abuse, harassment, intimidation and threatening behaviour by a current or former partner or cohabitee. Although they are granted by the family court, their breach is treated as a criminal offence, making them a powerful tool for immediate protection. This article explains what non‑molestation orders are, who can apply, how they are obtained, what behaviour they cover, enforcement and common questions.
What Is a Non‑Molestation Order?
A non‑molestation order is a protective injunction under Part IV of the Family Law Act 1996 that prohibits another person (the respondent) from engaging in specific conduct towards the applicant or relevant children. The order can prevent the respondent from:
- Using or threatening physical violence.
- Intimidating, harassing or pestering the applicant.
- Contacting the applicant directly or indirectly (for example by phone, text or social media).
- Encouraging others to engage in such conduct on their behalf.
- Approaching or appearing near the applicant's home, workplace or other specified locations.
Although a non‑molestation order is a civil order, breach of its terms is a criminal offence under section 42A of the Act and is arrestable; the police can arrest the respondent without a warrant if they reasonably believe a breach has occurred.
Who Can Apply for a Non‑Molestation Order?
To apply for a non‑molestation order, the applicant and respondent must be “associated” with each other within the meaning of the Family Law Act. This includes:
- Current or former spouses and civil partners.
- Cohabitees or former cohabitees (people who have lived together as if they were a couple).
- People who have been in an intimate personal relationship of significant duration.
- Relatives.
- People who share parental responsibility for a child with the respondent.
The wide definition ensures that non‑molestation orders are available not only in legally married or formally partnered relationships but also to many victims of domestic abuse where there is or was an intimate connection.
When to Seek a Non‑Molestation Order
Non‑molestation orders are most often sought where a victim experiences:
- Physical abuse or threats of violence.
- Coercive or controlling behaviour from a partner or ex‑partner.
- Repeated harassment, intimidation or stalking behaviour.
- Ongoing unwanted contact that causes fear or distress.
These orders are intended to prevent further harm and provide legal protection without requiring a criminal conviction. Even where the police have been involved or a criminal investigation is ongoing, a non‑molestation order can be obtained to secure protection.
How to Apply for a Non‑Molestation Order
1. Prepare the Application
Applications are made to the family court using Form FL401. A supporting witness statement explaining the abusive conduct, threats of violence or harassment should accompany the application. Evidence can include:
- Descriptions of incidents with dates and details.
- Police reports, photographs of injuries.
- Messages, texts or emails demonstrating threatening or controlling behaviour.
2. Applying With or Without Notice
Applications can be made:
- With notice: the respondent is informed of the application and invited to attend court, or
- Without notice (emergency or “ex‑parte”): where there is immediate risk of harm to the applicant and warning the respondent may escalate danger. In urgent situations, judges can grant an interim non‑molestation order immediately, with a full hearing arranged shortly afterwards.
3. Attend the Hearing
At the hearing, the judge considers the evidence and determines whether an order is necessary and proportionate to prevent harm. If granted, the non‑molestation order takes effect as soon as it is served on the respondent.
What Conduct a Non‑Molestation Order Can Prohibit
A non‑molestation order can be tailored to the circumstances of the abuse. Typical provisions include:
- Barring the respondent from using or threatening violence against the applicant or children.
- Prohibiting all contact (direct or indirect).
- Excluding the respondent from approaching the applicant's home, work or other specified places.
- Forbidding harassment, intimidation or pestering by any means, including social media.
The order may also extend to relevant children where the respondent's behaviour impacts their safety or wellbeing.
Enforcement and Breach
Breach of a non‑molestation order is a criminal offence that carries a maximum penalty of five years' imprisonment, a fine or both. Police are expected to act on reports of breach with reference to the history of abuse and risk to the victim.
When a respondent disobeys a non‑molestation order, victims should:
- Call the police to report the breach.
- Provide a copy of the order and any evidence of the breach.
- Seek follow‑up reporting to ensure enforcement action.
Where the order is breached repeatedly, this may amount to separate offences such as harassment or stalking under other legislation.
Duration and Extensions
Non‑molestation orders are usually granted for a fixed period, commonly six to twelve months, although this can vary based on individual risk and evidence. Applicants can ask the court to extend the order if ongoing protection remains necessary before the existing order expires.
Practical Considerations
Evidence and Preparation
Strong evidence supporting the application increases the likelihood of court granting the order. Witness statements should be clear and factual, describing abusive behaviour and any risk of future harm.
Support and Legal Aid
Although individuals can apply without a solicitor, specialist legal advice and support services can help prepare applications, especially in complex or urgent cases. Legal aid may be available for victims of domestic abuse.
Related Protective Orders
Non‑molestation orders are often sought alongside occupation orders (which regulate who can live in or be excluded from the family home) where housing and safety issues overlap.
Common Questions
Can a non‑molestation order be applied for during a criminal investigation?
Yes. A non‑molestation order can be applied for independently of criminal proceedings and may provide protection while a police investigation is ongoing.
Do both parties have to attend the hearing?
In a “with notice” application, both parties are notified and can attend. In emergency orders made without notice, only the applicant attends initially; the respondent is notified later.
What if the respondent disputes the allegations?
The respondent may challenge the evidence at subsequent hearings. The court assesses credibility and risk when deciding whether to grant or continue the order.
Key Takeaways
Non‑molestation orders are a critical protective measure for victims of intimate partner violence in England and Wales. Available under the Family Law Act 1996, they can be obtained quickly, including on an emergency basis, to prevent further abuse, harassment and threatening behaviour. These orders can prohibit violence and contact, extend to relevant children and are enforceable as criminal offences if breached. Clear evidence, accurate application forms and, where necessary, legal support improve the effectiveness of applications. Victims should act promptly and report breaches to the police to maximise safety and legal protection.
