What is a non-molestation order?

A non-molestation order is a court order, in England and Wales, that forbids a specific person from harassing, threatening, intimidating or pestering you, and usually from contacting you or coming near your home. Breaking it is a criminal offence. It is one of the main legal tools for people who are frightened of a partner or ex-partner, and it can be made quickly, sometimes the same day, and without your partner knowing in advance.

What it does

The order sets out what the other person must not do. Typical terms: no violence or threats of it, no intimidation or harassment, no contact directly or through others except in agreed ways (for example about children, through solicitors), not coming within a set distance of your home or workplace, and no damage to your belongings. It can also protect your children.

Once it is made, any breach is a crime under the Family Law Act 1996. You call 999, the police can arrest, and the matter goes to the criminal court. That is what gives the order weight: behaviour that was hard to act on becomes something the police must respond to. Orders usually last six to twelve months and can be extended.

Who can apply

You need to be an "associated person", which covers almost every kind of relationship: married, civil partners, living together or formerly living together, in an intimate relationship of significant duration, parents of the same child, relatives. You do not need to be living with them, and you do not need to have reported anything to the police.

How it works

1. Application. Form FL401 with a written statement describing what has happened. There is no court fee.
2. Without notice, if urgent. If telling your partner in advance would put you at risk, the court can hear your side alone and make a temporary order the same day. Your partner is then served with it.
3. Return hearing. Usually within a couple of weeks. Your partner can agree to the order, contest it, or offer an undertaking (a promise to the court). An undertaking is not a criminal matter to breach, so think carefully before accepting one if you are frightened.
4. Final order. If contested, the court decides on the evidence.

You can apply yourself, but a solicitor helps, and legal aid is available for non-molestation orders without the usual evidence gateway (the means test still applies and can be waived in urgent cases). Many domestic abuse services have arrangements with solicitors who do this at speed.

An occupation order is a separate order, often applied for alongside, that decides who can live in the home.

Scotland and Northern Ireland

Scotland does not have non-molestation orders. The equivalent is an interdict with a power of arrest, or a non-harassment order, and under the Domestic Abuse (Scotland) Act 2018 the criminal court can impose a non-harassment order when sentencing. Exclusion orders deal with the home. Scottish Women's Aid and a solicitor can take you through it.

Northern Ireland has non-molestation and occupation orders under its own Family Homes and Domestic Violence (NI) Order 1998, which work in a similar way.

What this might mean for you

An order is a tool, not a guarantee. The people who assess risk say that a piece of paper changes what the police can do, but it does not stop someone determined, and the weeks after an order is served can be tense. It works best as part of a wider plan. The free module Is this danger? goes through the risk questions services use. Staying safer while you decide and Leaving safely each give you a private place to build the rest of the plan.

This is general information, not legal advice. Rights of Women (020 7251 6577) gives free legal advice on these orders to women in England and Wales. The National Centre for Domestic Violence (0800 970 2070) helps anyone apply for an injunction quickly, often for free. To talk to someone now: National Domestic Abuse Helpline 0808 2000 247 (24 hours), Men's Advice Line 0808 801 0327, Galop 0800 999 5428. In an emergency, 999. Press 55 if you cannot speak.