I Need to Apply for a Non-Molestation Order Urgently
You are experiencing domestic abuse and need immediate legal protection. A non-molestation order can be obtained from the Family Court — often on the same day — without the abuser being told in advance.
Quick Answer
You can apply to the Family Court for a non-molestation order under section 42 of the Family Law Act 1996. Where there is a risk of significant harm, the court can grant the order without notice to the abuser (ex parte) on the same day you apply. There is no court fee. Legal aid is available without a means test for domestic abuse survivors. Breach of the order is a criminal offence.
Full Explanation
A non-molestation order is a civil injunction obtained in the Family Court under Part IV of the Family Law Act 1996. It prohibits the respondent from molesting you or any relevant child — this includes physical violence, threats, harassment, intimidation, and communication designed to cause distress. The order is available to 'associated persons', which includes current and former partners, family members, and those who have or have had an intimate personal relationship. You do not need to be married to the abuser.
The most urgent route is an ex parte (without notice) application. If you are at risk of significant harm, a District Judge can hear your application without the other person being present and grant the order on the same day. An ex parte order is temporary — there will be a return hearing (usually within 14 days) at which the respondent can attend and the court will decide whether to continue the order.
Legal aid is available for applications under Part IV of the Family Law Act 1996 without a means test where domestic abuse is evidenced. Evidence can include a police report, MARAC letter, letter from a GP or healthcare professional, letter from a domestic abuse support organisation, or screenshots of threatening messages. You do not need a conviction or ongoing criminal proceedings.
Breaching a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996, carrying up to 5 years' imprisonment. The police can arrest the respondent for a breach without a warrant. This is a significant improvement on the position before 2007, when breach was dealt with only as a civil contempt.
If you also need the respondent to leave the family home, you can apply for an occupation order under sections 33–38 of the Family Law Act 1996 at the same time. Occupation orders are more complex and depend on your legal right to occupy the property, but the court can grant them on an ex parte basis in urgent cases.
Legal Basis
- §Family Law Act 1996, Part IV (sections 33–63)
- §Section 42A Family Law Act 1996 (breach as a criminal offence)
- §Domestic Abuse Act 2021 (statutory definition of domestic abuse)
- §Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid without means test for DA)
What To Do
Contact a Legal Aid Family Solicitor or NCDV Immediately
If you are in immediate danger, call 999. Otherwise, contact a legal aid family solicitor or the National Centre for Domestic Violence (NCDV — free emergency injunction service, 0800 970 2070). Tell them you need an urgent non-molestation order. A solicitor can attend court on your behalf on the same day in urgent cases.
Gather Evidence
Collect and preserve evidence of the abuse: photographs of injuries, screenshots of threatening messages or calls, medical records, police crime reference numbers, letters from support workers or GPs. Keep this evidence somewhere the abuser cannot access — cloud storage or with a trusted friend.
Complete Form FL401
The application is made on Form FL401. Your solicitor will help you complete it. The form requires: your details, the respondent's details, details of the abuse or molestation (be specific — dates, incidents, threats), confirmation that you are an 'associated person', and details of any children. You will also need to file a witness statement setting out the facts.
Attend the Ex Parte Hearing
The ex parte hearing is usually before a District Judge in a private room. You will be asked to confirm the contents of your statement. The judge will decide whether to grant the order. If granted, the order will be served on the respondent — ask the court to arrange service so you do not have to do it yourself.
Attend the Return Hearing
The return hearing (usually listed within 14 days) is when the respondent can attend and challenge the order. Your solicitor will represent you. Even if the respondent contests the order, the court will continue it if the evidence supports it. Most ex parte orders are continued at the return hearing.
Important Deadlines
Important Warnings
An order on paper does not guarantee your physical safety. If the respondent breaches the order, call 999 immediately.
Do not contact the respondent to tell them about the order — let the court serve it properly.
If you need to leave the family home urgently, contact your local council's housing department about emergency accommodation for domestic abuse survivors.