Non-molestation orders: what they are and how to apply (England and Wales)

A non-molestation order is a civil court order in England and Wales that stops someone you are connected to, such as a partner, ex, relative or someone you live with, from using or threatening violence, harassing, pestering or intimidating you or your child. You apply to the family court online through CourtNav or with form FL401, there is no court fee, and you can ask for an emergency order without the other person being told first. Breaking the order is a crime. Northern Ireland has similar orders; Scotland uses interdicts instead.

Updated 30 September 2026 · Sources: Family Law Act 1996 (legislation.gov.uk), GOV.UK, mygov.scot, Belfast Women’s Aid, national helplines · Next review: December 2026

In danger now? Call 999

If you or a child are at risk right now, call 999. If you can’t speak, stay on the line and follow the operator’s instructions (on a mobile, press 55 when asked). You don’t need a court order to get police help. Quick exit: if someone checks your phone or browser, read this on a safe device. The National Domestic Abuse Helpline (0808 2000 247, 24 hours) and Refuge Tech Safety explain how to cover your tracks online.

What is a non-molestation order?

A non-molestation order is an injunction made by the family court under section 42 of the Family Law Act 1996. It forbids a named person from “molesting” you or a child, which covers violence, threats, harassment, pestering and intimidation. It can ban specific acts, such as contacting you or coming near your home, or molestation in general.

Who can apply for a non-molestation order?

You can apply if you are experiencing domestic abuse and the person is “associated” with you under section 62 of the Act. That includes partners and exes, relatives and people you have shared a home with. Under-16s need permission from the High Court to apply. The order can also protect a child in your care.

Spouses and ex-spouses

Husband, wife or civil partner, now or in the past, and people who have agreed to marry.

Partners and exes

A partner you live or lived with, or an intimate relationship of significant duration, even if you never lived together.

Family and household

Relatives such as parents, siblings, aunts and uncles, someone you share a home with (not just a tenant or lodger), or a child’s other parent.

If the person is not connected to you in any of these ways, for example a neighbour, colleague or stranger who is stalking or harassing you, a non-molestation order is not available. See what to do if someone is stalking you for the criminal and civil routes that do apply.

How do I apply for a non-molestation order?

Apply to the family court online with the free RCJ Citizens Advice CourtNav service, or fill in form FL401 with a signed witness statement and send it to a court that deals with domestic abuse by email, post or in person. There is no fee. Tick the emergency option if you need protection straight away. Start at GOV.UK: get an injunction if you’ve been the victim of domestic abuse.

1. Get free advice (optional)

A domestic abuse helpline, Citizens Advice or a solicitor can help you decide what to ask for. Check whether you can get legal aid on GOV.UK. You can also apply on your own.

2. Prepare your application

Use CourtNav online, or form FL401 plus a witness statement describing what happened, signed with a statement of truth. Fill in form C8 if you want to keep your address hidden from the other person.

3. Ask for an emergency order if needed

You can ask the court to decide “without notice”, so the other person is not told before the hearing. The court can make an order at that hearing, and a later hearing follows.

4. Send it to the court

CourtNav sends it for you. Paper applications go to a court that handles domestic abuse cases. The court sends a Notice of Proceedings with your hearing date.

5. The papers are served

The other person must get the documents in person. Do not serve them yourself: a solicitor can, or you can ask a court bailiff to do it for free with form D89.

6. The hearing

Hearings are private. You can ask for a video or phone hearing, or to avoid direct contact. The judge may accept a promise (undertaking), make an interim order or make a full order.

Can I get an emergency non-molestation order?

Yes. When you apply, you can ask for a “without notice” order, which means the court hears your case before the other person is told. The judge can grant an order at that first hearing if you need protection urgently. The other person is then served and a later hearing gives both sides a chance to be heard.

How much does a non-molestation order cost?

There is no court fee to apply for a non-molestation or occupation order. You only pay if you choose a solicitor, and legal aid may cover that cost: use the GOV.UK legal aid checker. CourtNav, run by RCJ Citizens Advice, can arrange a free legal review of your application if you cannot afford advice.

What happens if someone breaks a non-molestation order?

Call the police: the court tells your local police about the order, and the person can be arrested. Breaking a non-molestation order without reasonable excuse is a criminal offence under section 42A, with up to five years in prison on indictment. It can instead be dealt with as contempt of court, but not both. If you are in danger, call 999; otherwise use 999 or 101 as appropriate.

How long does a non-molestation order last?

The judge sets the length. The law allows an order for a specified period or “until further order”, and your order will say when it ends. If it is ending and you still need protection, you can apply to extend it or ask for a new injunction before it runs out. Keep a copy of the order somewhere safe.

Non-molestation order vs other protection orders

DAPO areas as listed on GOV.UK on 30 September 2026 (Cleveland area: Hartlepool, Middlesbrough, Redcar and Cleveland, Stockton-on-Tees). You can ask for a non-molestation and an occupation order in the same application.

Does a non-molestation order apply in Scotland and Northern Ireland?

No, the Family Law Act 1996 order covers England and Wales. Northern Ireland has its own non-molestation orders under the Family Homes and Domestic Violence (Northern Ireland) Order 1998. Scotland does not use non-molestation orders: people apply to a civil court for an interdict, a domestic abuse interdict or a non-harassment order.

Which step is right for you now?

If you are in danger now

Call 999. If speaking is unsafe, learn how a silent 999 call works. A court order can come later.

If you want the abuse to stop

Apply for a non-molestation order through CourtNav or form FL401. Ask for an emergency order if you need it.

If they must leave the home

Ask for an occupation order in the same application. It decides who can live in or come near the home.

If you’re unsure about a partner’s past

You can ask the police under Clare’s Law whether they have a history of abuse.

Who can help me apply?

These helplines are free and confidential, and advisers can talk you through protection orders and safety planning. Numbers checked on 30 September 2026. For every official number in one place, see which number should I call?

While you wait for a hearing, keep a simple log of incidents, messages and missed calls with dates, and save screenshots somewhere the other person can’t reach. If they are also following you or turning up where you are, read what to do if you think you’re being followed.

Frequently asked questions

No. A non-molestation order is a civil order you apply for yourself in the family court. You don’t need a police report or a criminal case first, although evidence such as messages, photos or a crime reference number can help your application.

You can keep your address and contact details confidential by filling in form C8 with your application. Tell the court or your adviser at the start if you are worried about being found.

Yes. The court can make a non-molestation order to protect you and a “relevant child”, such as a child who lives with you. Contact arrangements for children are dealt with separately, so mention any child arrangements order in your application.

Often, yes. The law includes people who have had an intimate personal relationship of significant duration, even if they never lived together. A solicitor or helpline adviser can tell you whether your situation qualifies.

Sources

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