If you are experiencing harassment, threats, or domestic abuse, a non-molestation order is one of the most powerful legal protections available to you. In urgent situations, it is possible to obtain an emergency non-molestation order very quickly: in some cases on the same day you apply. This guide explains what a non-molestation order is, how to apply urgently, and what happens at the hearing.
A non-molestation order is a family court order that prohibits a named person from using or threatening violence against you, harassing or intimidating you, or pestering you in any way. It can also prevent them from contacting you directly or indirectly, including by phone, message, or through a third party, and from coming within a specified distance of your home or workplace.
Non-molestation orders are made under Part IV of the Family Law Act 1996. Crucially, breaching a non-molestation order is a criminal offence, punishable by up to five years in prison. This makes them one of the most enforceable civil protections available.
You can apply for a non-molestation order if the person you need protection from is an "associated person", which includes:
If the person is not an associated person. For example,, a neighbour or work colleague: a non-molestation order is not available. In those situations, a civil injunction may be the appropriate route instead.
In genuine emergency situations, the family court can grant an interim non-molestation order without notifying the other person or giving them an opportunity to respond first. This is called a without notice (or ex parte) application.
If the court is satisfied that there is an immediate risk of significant harm, it can hear a without notice application on the same day it is submitted, or within 24 to 48 hours. Courts take these applications seriously and have procedures in place to deal with them urgently.
Once an interim order is granted, the other person is served with the order and given a date for a return hearing, usually within one to two weeks: at which they can respond.
You can apply for a non-molestation order yourself without any legal representation. Courts are familiar with applicants who represent themselves and the process is designed to be accessible in genuine emergencies.
However, having a barrister represent you: even for a without notice hearing: significantly increases the quality and clarity of the application and the likelihood of the order being granted in the precise terms you need. A barrister can:
Through the Direct Access scheme, you can instruct a barrister at Barrister Connect directly and quickly, without needing to go through a solicitor first. In urgent situations, we can often arrange representation within 24 hours.
The hearing is usually brief. The judge reads your application and witness statement. You or your barrister confirm the contents and explain why the order is needed without giving the other side advance notice. The judge considers whether there is a risk of significant harm and whether it is just to make an order without the respondent present.
If the interim order is granted, the respondent is served and given a return date. At the return hearing, both parties can make submissions and the judge decides whether to continue, vary, or discharge the order.
Orders are typically made for a fixed period, often six to twelve months: though they can be made for longer where circumstances justify it. They can be renewed. If the respondent breaches the order at any point, contact the police immediately: breach is a criminal offence and arrest can follow.
An emergency non-molestation order can be obtained on the same day in genuine urgent situations. Applications are made on Form FL401 with a supporting witness statement. The family court can hear without notice applications urgently where there is an immediate risk of harm. Having a barrister represent you significantly improves the application and the prospects of getting the order you need. Direct Access means you can instruct a barrister without going through a solicitor first.