Applying for a Restraining Order or Non-Molestation Order
How to get a court order to protect yourself from harassment, threats, or violence.
Overview
If you are being harassed, threatened, or subjected to violence by a partner, ex-partner, or family member, you can apply for a non-molestation order under the Family Law Act 1996. This prohibits the respondent from using or threatening violence, intimidating, harassing, or pestering you. You may also apply for an occupation order regulating who can live in the family home.
Who Can Use This Process
- You are an 'associated person' with the respondent (spouse, partner, ex-partner, relative, co-parent, or person who has lived with you)
- You have experienced or are at risk of molestation (violence, threats, harassment, intimidation, pestering)
- For an occupation order: you must be associated and there is a dispute about who can occupy the home
Step-by-Step Process
Seek legal advice
Contact a family solicitor or domestic abuse service. Legal aid is available for domestic violence cases without a means test for emergency applications. Many domestic abuse organisations have legal advisers.
- Call the National Domestic Abuse Helpline: 0808 2000 247 (24/7, free)
- Legal aid is available for non-molestation and occupation order applications
Prepare your application
Complete Form FL401 (application for a non-molestation order and/or occupation order). Prepare a supporting witness statement setting out the facts: what has happened, dates, any injuries, police involvement, and why you need the order.
- Include as much detail as possible — dates, times, what was said/done
- Attach any supporting evidence: photos of injuries, screenshots of threatening messages, police incident numbers
Apply to the court
File your application at the Family Court. In urgent cases (risk of significant harm), you can apply 'without notice' — the court will consider your application the same day without the respondent being present. If granted, the respondent will be served and given an opportunity to respond at a return hearing.
- Without notice orders are typically granted for 14 days until the return hearing
- The court fee is currently £75 for a non-molestation order, but this is waived if you have legal aid or are on low income
Attend the return hearing
If a without-notice order was made, a return hearing will be listed within 14 days. The respondent can attend and oppose the order. The court will decide whether to continue, vary, or discharge the order. If the order is continued, it typically lasts 6-12 months.
- Attend with your solicitor if possible
- Breach of a non-molestation order is a criminal offence (maximum 5 years' imprisonment)
Costs
Important Warnings
If you are in immediate danger, call 999. A court order takes time — the police can act immediately.
Breach of a non-molestation order is a criminal offence. Report any breach to the police immediately.
If the respondent also applies for an order against you, the court will consider both applications together.
Useful Links
Frequently asked questions
- How long does the applying for a restraining order or non-molestation order process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Immediate"; "1-2 days with solicitor"; "Same day for urgent without-notice applications"; "Within 14 days of without-notice order". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Non-molestation order application — £75 (waived with legal aid or fee remission); Legal representation — Usually covered by legal aid for domestic abuse. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: If you are in immediate danger, call 999. A court order takes time — the police can act immediately.; Breach of a non-molestation order is a criminal offence. Report any breach to the police immediately.; If the respondent also applies for an order against you, the court will consider both applications together.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: National Domestic Abuse Helpline; GOV.UK — Get a non-molestation order. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.