How to Apply for a Non-Molestation Order in the UK: Step by Step 

Domestic abuse can be overwhelming, and taking legal steps to protect yourself or your children may seem daunting.

For those facing harassment, intimidation, or threats, a non-molestation order provides a vital shield from harm. This step-by-step guide will walk you through the non-molestation order process in the UK, ensuring that you feel prepared, informed, and supported. 

What is a Non-Molestation Order? 

A non-molestation order is a type of injunction issued by a UK family court. Its purpose is to protect you or your children from someone who is harassing, threatening, or being abusive. This individual, often referred to as the "respondent," will be legally prohibited from performing specified actions such as contacting, threatening, or approaching you. 

Crucially, breaching a non-molestation order is a criminal offence, punishable by up to five years in prison. This makes it an effective legal tool for ensuring the safety and well-being of you and your family. 

Who can apply for a Non-Molestation Order? 

Non-molestation orders are typically available to people in certain types of relationships with the respondent. These include: 

• Individuals who are or were married to the respondent 

• Cohabitants or former cohabitants 

• Those in a romantic relationship with the respondent 
• Family members or individuals who share parental responsibility for a child with the respondent 

Step-by-Step Process for Applying for a Non-Molestation Order

1. Gather Evidence to Support Your Application

Before submitting your application, you'll need to present evidence to substantiate your claims of harassment, abuse, or threats. Evidence is critical because it allows the court to evaluate your circumstances and justify the need for protection. 

What evidence do you need for a non-molestation order? 

• Written statements describing the abuse or threats you’ve experienced (dates and details matter) 

• Police reports (if applicable) 

• Photographic evidence of injuries, damage, or harassment (such as photos of threatening messages) 

• Witness statements (friends, neighbours, or professionals who are aware of the abuse) 

• Medical records documenting injuries or stress
  

2. Complete the Relevant Forms

To apply for a non-molestation order, you’ll need to fill out the following forms: 

• Form FL401 (application form for a non-molestation order): This requires your personal details, details of the respondent, and the reasons for your application. 

• C8 Form (confidentiality form): Use this if you need to keep your address or contact details private from the respondent. 

Both forms are available on the UK government website or can be obtained through the family courts.

3. Submit Your Application to the Court

Once your forms are completed, submit them to your nearest family court via email, post, or in person. If you're in immediate danger, you can request the court to issue an "ex parte" order. This means the court will make a decision without informing the respondent in advance, providing faster protection. 

Try to file your application as early as possible in the day for urgent matters. Non-molestation orders can often be dealt with promptly in emergency situations.

4. Attend the Court Hearing

If your case isn’t urgent or the court requires more information, a hearing will be scheduled. Both you and the respondent will attend, and a judge will assess whether the non-molestation order is necessary. 

In this court hearing, you have the right to be represented by a legal professional if you wish. A family law barrister can provide support with case preparation, represent you in court, or simply advise on your next steps. Through the direct access scheme, you can often access this support at a lower cost than doing so through a solicitor intermediary.

5. Await the Court’s Decision

If the court is satisfied that you or your children are at risk, it will issue the non-molestation order. The respondent will then be legally bound by its terms. If they violate the order, you should report the breach to the police immediately. 

What happens after receiving a Non-Molestation Order? 

Once granted, a non-molestation order typically lasts for six to twelve months (but can be extended if required). Make sure to keep a copy of your order on-hand, and ensure you understand its terms. 

Your safety is a priority, so if you’ve any concerns, consider seeking ongoing support from a legal advisor, domestic abuse charity, or support group.