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
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
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
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.