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 on who can apply for a non-molestation order in England and Wales and how to make an application. Covers eligibility criteria, associated person relationships, application process, forms, evidence, urgent orders, and legal support.
A non-molestation order is a protective injunction under the Family Law Act 1996 that prohibits a person from engaging in harmful behaviour – such as violence, harassment or intimidation – towards another person. It is a central legal remedy for victims of domestic abuse seeking safety and reassurance that the courts will intervene to prevent further abuse. This article explains who is eligible to apply for a non-molestation order, the legal criteria that apply, and the steps involved in making an application in England and Wales. It is designed to be accessible to individuals with no legal training as well as informative for solicitors and students.
What a Non-Molestation Order Is
A non-molestation order is a type of court injunction intended to protect someone from being molested by another person. “Molestation” is a broad term and in this context can include violent behaviour, threats, harassment, pestering, unwanted contact and similar conduct that causes distress or fear. Although the order is civil, breaching it is a criminal offence and can lead to arrest and prosecution.
Non-molestation orders are issued by the family court and are commonly granted for a fixed period, often between six and twelve months, although this can vary based on circumstances.
Who Is Eligible to Apply
The “Associated Person” Requirement
To apply for a non-molestation order you must generally be an associated person with the individual from whom you seek protection. The Family Law Act 1996 defines “associated persons” to include individuals who have a personal connection that the law recognises as qualifying for this type of injunction.
You can usually apply if the respondent is:
- A current or former spouse or civil partner, including those whose civil partnership ended within the last three years.
- Someone you are or have been in a relationship with as boyfriend, girlfriend or partner (typically of significant duration).
- A fiancé or fiancée, or former fiancé/fiancée, where the engagement dissolved within the last three years.
- A family member, such as a parent, sibling, grandparent, aunt, uncle or in-law.
- Someone you live with or have lived with, including cohabitants, but not merely as a tenant, lodger, boarder or employee of the person.
- A parent, guardian or person sharing parental responsibility for the same child, including adoptive parents or those involved in adoption processes, in respect of a relevant child.
If you are under 16, you need permission from the High Court to make an application.
Relevant Children and Non-Molestation Orders
A non-molestation order can also be sought on behalf of a relevant child who lives with you or is expected to live with either party. A parent or person with parental responsibility will usually apply for the child's protection. In some limited circumstances, a child aged 16 or 17 may seek an order in their own right with the court's permission.
Cases Where a Non-Molestation Order May Not Be Available
If you do not have one of the qualifying relationships with the respondent – for example, if the respondent is a stranger, neighbour or casual acquaintance – a non-molestation order under the Family Law Act 1996 will usually not be available. In such situations, alternative protections like an injunction under the Protection from Harassment Act 1997 may be considered.
How to Apply for a Non-Molestation Order
Starting the Application
Applications are made to the family court using Form FL401 – the standard application form for non-molestation and occupation orders. Alongside the form, you must provide a supporting witness statement detailing the behaviour you want to stop and explaining why you need the order. There are no court fees for making this application.
Submitting the Application
You can apply:
- Online using the CourtNav service provided by Citizens Advice.
- By email or post to your local family court.
- In person at the family court.
Your statement should include evidence of abusive or harassing behaviour and, where applicable, the impact on you or your children.
Applying Without Notice
In urgent situations where there is a serious risk of harm if the respondent is informed, you can request the court to make an order without notice (sometimes called an “ex-parte” application). If the court agrees, it can issue the order immediately, with a later hearing scheduled to give the respondent an opportunity to respond.
Court Hearing and Decision
At the hearing, the judge considers whether:
- You meet the eligibility criteria as an associated person.
- The evidence you provide shows a need for protection.
- Granting the order is necessary to prevent further abuse or harassment.
The court's decision is based on the balance of probabilities, meaning it assesses whether your account is more likely than not.
Legal Aid and Support Services
Legal aid may be available for domestic abuse cases. Advice from legal representatives or specialist domestic abuse support organisations can help with preparing your application and understanding the process.
Final Thoughts
A non-molestation order provides vital protection against domestic abuse by legally restricting harmful behaviour. To apply, you must be an associated person connected to the respondent through relationship, cohabitation, family ties or shared responsibility for a child. Applications are made to the family court using Form FL401 and require a supporting statement outlining the abuse. In urgent cases, the court can grant an order without notifying the respondent first. Understanding eligibility and the application steps can help victims and advisors navigate the legal system effectively and access meaningful protection.
