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UK Law Reference
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Family / Criminal
Updated 2026-05-16

Restraining Order vs Non-Molestation Order

Both orders protect individuals from harassment or violence, but they arise from different legal regimes — criminal and civil family — and have different scope, duration, and enforcement.

Overview

Victims of domestic abuse or harassment often need a court order to protect themselves from contact by an abuser. Two main options exist: a non-molestation order (civil family order under the Family Law Act 1996) and a restraining order (criminal order made by a criminal court under the Protection from Harassment Act 1997). Understanding the difference is essential — the right order depends on the circumstances, the relationship between the parties, and whether criminal proceedings are underway.

Side-by-Side Comparison

Non-Molestation Order

Cost: Free (legal aid normally available for domestic abuse); court fee may apply without legal aid
Time: Can be obtained within hours on a without-notice basis; full hearing within 14 days

Pros

  • Can be obtained very quickly — without-notice (ex parte) applications can be heard the same or next day
  • No requirement for criminal proceedings to be underway — entirely civil
  • Breach is a criminal offence (FLA 1996 s.42A) carrying up to 5 years' imprisonment
  • Can include exclusion zones, no-contact provisions, and occupation orders
  • Free with legal aid if you meet financial eligibility (domestic abuse cases prioritised)

Cons

  • Only available to 'associated persons' — parties must be in a domestic relationship (family members, partners, former partners, shared household)
  • Does not directly deal with criminal conduct — it is a civil remedy
  • Can be challenged by respondent at a return hearing (usually within 14 days)

Best For

Domestic abuse situations where the parties are in a relevant family relationship. Particularly appropriate where there is a risk of immediate harm and urgent without-notice application is needed.

Restraining Order

Cost: No direct cost to victim — made by criminal court
Time: Made at the end of a criminal hearing (conviction or acquittal)

Pros

  • Can be made against any person — not limited to associated persons
  • Made by the criminal court — the prosecution (not the victim) requests it, reducing burden on victim
  • Can be made even on acquittal where necessary to protect the victim (PHA 1997 s.5A)
  • Breach is a criminal offence carrying up to 5 years' imprisonment
  • No application fee — made by the court as part of criminal proceedings

Cons

  • Dependent on criminal proceedings — cannot be obtained without a prosecution
  • Victim has no direct control over whether a restraining order is sought
  • Terms set by the court — victim can make representations but does not control the order
  • Does not include civil family law provisions (occupation orders, property matters)

Best For

Cases where criminal proceedings are already underway against a perpetrator of harassment or domestic abuse; particularly useful for non-family relationships where a non-molestation order is not available.

Key Differences

AspectNon-Molestation OrderRestraining Order
Legal basisFamily Law Act 1996, Part IVProtection from Harassment Act 1997, ss.5 and 5A
Relationship requiredParties must be 'associated persons' (domestic relationship)Can cover any person — no relationship requirement
Who appliesVictim applies to the family courtCrown Prosecution Service requests; victim makes representations
Criminal proceedings requiredNo — civil applicationYes — made in criminal proceedings
Breach consequencesCriminal offence — up to 5 years' imprisonment (FLA 1996 s.42A)Criminal offence — up to 5 years' imprisonment (PHA 1997 s.5(5))
Speed of obtainingSame day or next day on without-notice applicationOnly at conclusion of criminal proceedings

Our Recommendation

If you are in immediate danger and the parties are in a domestic relationship, apply urgently to the family court for a non-molestation order — it can be obtained within hours. If criminal proceedings are already underway, make representations to the police and CPS that a restraining order is needed, providing a personal statement of the harm caused. In serious cases both orders may be appropriate simultaneously. Always seek advice from domestic abuse specialists (National Domestic Abuse Helpline: 0808 2000 247) and a family law solicitor.

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