Non-Molestation Order for Domestic Violence

Applications may be made to the family court, and in urgent cases the court can grant an order without the other party being present (known as a 'without notice' or 'ex parte' order). The application is made using Form FL401 and there is no court fee. Legal aid is generally available for non-molestation order applications where evidence of domestic abuse exists. The court will consider the health, safety, and well-being of the applicant and any relevant child. Orders are typically granted for six to twelve months but may be extended. Once granted, the order is served on the respondent, often by the court or police. If the order is breached, the police may arrest the respondent and criminal proceedings may follow.

Common situations include: experiencing physical violence from a partner or ex-partner, receiving threats of violence, being subjected to controlling or coercive behaviour, harassment through repeated unwanted contact, a partner damaging property or threatening to do so, or being concerned about the safety of children in the household.

The Family Law Act 1996, Part IV (sections 42–49) governs non-molestation orders. Section 42 gives the court power to make orders prohibiting molestation. Section 42A (inserted by the Domestic Violence, Crime and Victims Act 2004) makes breach of a non-molestation order a criminal offence carrying a maximum penalty of five years' imprisonment. Section 62(3) defines 'associated persons' who may apply, including spouses, civil partners, cohabitants, former partners, relatives, and those who have had an intimate personal relationship of significant duration. Section 45 allows the court to make orders without notice where it considers it just and convenient, having regard to the risk of significant harm.

People considering a non-molestation order often explore: whether they qualify as an 'associated person' under the Act, whether the situation is urgent enough to seek a without-notice order, gathering evidence of the abuse (messages, photos, medical records, police reports), whether legal aid is available for their application, and what other protective measures might be available alongside the order, such as an occupation order or involvement of the police. Some people also consider support from organisations such as the National Domestic Abuse Helpline or local domestic abuse services.

Common mistakes include: not applying early enough when warning signs are present, not gathering or preserving evidence of abuse such as screenshots of threatening messages, withdrawing the application due to pressure from the respondent, not reporting breaches to the police promptly, and not being aware that legal aid is available for these applications without the usual financial eligibility test in domestic abuse cases.