Applying for a Non-Molestation Order
How to apply for a court order to protect you from domestic abuse, harassment, or violence.
Overview
A non-molestation order is a court order under the Family Law Act 1996 that protects you from being harassed, threatened, intimidated, or subjected to violence by a current or former partner, family member, or someone you have had an intimate relationship with. Breaching a non-molestation order is a criminal offence punishable by up to 5 years' imprisonment. You can apply to the family court, and in urgent cases, the court can make the order without notice to the respondent (ex parte).
Who Can Use This Process
- You are or have been in a relationship with the person (married, civil partners, cohabitants, or in an intimate personal relationship)
- You are a relative of the person
- You have experienced or are at risk of molestation — violence, threats, harassment, intimidation, or pestering
Step-by-Step Process
Gather Evidence
Collect evidence of the abuse or harassment — text messages, emails, photos of injuries, medical records, police reports, witness statements. Keep a diary of incidents with dates, times, and descriptions.
Seek Legal Advice
Contact a solicitor specialising in family law or domestic abuse. Legal aid is available for domestic abuse cases without a means test if you can provide evidence of abuse. You can also contact the National Domestic Abuse Helpline.
Complete the Application Form (FL401)
Fill in Form FL401 and a supporting witness statement (Form FL401A) setting out the history of abuse and why the order is needed. If urgent, request a without-notice hearing in the application.
Submit to the Family Court
File the application at your local family court. There is no court fee for non-molestation order applications. The court will list a hearing — if without notice, usually within 1–2 days.
Attend the Hearing
At the hearing, the judge will consider your evidence and decide whether to make the order. If without notice, the order is temporary and a return hearing will be listed (usually within 14 days) for the respondent to attend and respond.
Serve the Order
The order must be served on the respondent, usually by the court or a process server. Breach of the order is a criminal offence — call 999 if the respondent breaches it.
Costs
Important Warnings
If you are in immediate danger, call 999.
Breach of a non-molestation order is a criminal offence — report any breach to the police immediately.
You do not need to be living with the person to apply.
Useful Links
Frequently asked questions
- How long does the applying for a non-molestation order process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Before applying"; "Before applying"; "1–2 days"; "Same day". 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: Court fee — Free (no fee for non-molestation orders); Solicitor costs — Legal aid available for domestic abuse cases. 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.; Breach of a non-molestation order is a criminal offence — report any breach to the police immediately.; You do not need to be living with the person to apply.. 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; Women's Aid; Form FL401. 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.