Witness Statement — Non-Molestation Order Application

Legal Basis

Family Law Act 1996 Part IV, ss.42–44 (non-molestation orders); Family Procedure Rules 2010 Part 10 and Practice Direction 10A; breach of a non-molestation order is a criminal offence under FLA 1996 s.42A (maximum 5 years' imprisonment).

• ✗Not providing specific dates, locations, and descriptions of incidents — vague allegations are less persuasive and may be challenged
• ✗Omitting incidents involving the children even if the order is primarily sought to protect yourself
• ✗Failing to explain the relationship with the respondent — the court must be satisfied you are 'associated persons'
• ✗Not requesting an occupation order separately if you also need the respondent excluded from the home
• ✗Assuming the statement alone is sufficient — the FL401 form must also be completed

Build Your Letter

IN THE FAMILY COURT AT [COURT NAME]

Case Number: [CASE NUMBER (IF ALREADY ALLOCATED)]

**IN THE MATTER OF AN APPLICATION BY [YOUR FULL NAME (APPLICANT)]**

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**WITNESS STATEMENT OF [YOUR FULL NAME (APPLICANT)]**

**In Support of Application for Non-Molestation Order (Form FL401)**

I, [YOUR FULL NAME (APPLICANT)], of [YOUR ADDRESS], WILL SAY as follows:

1. I am the Applicant in these proceedings. I make this statement in support of my application for a non-molestation order against [RESPONDENT'S FULL NAME] (the "Respondent"). The facts stated in this statement are within my own knowledge and are true.

2. **My relationship with the Respondent.** [DESCRIPTION OF YOUR RELATIONSHIP WITH THE RESPONDENT]. We are associated persons within the meaning of section 62 of the Family Law Act 1996 because [WHY YOU ARE 'ASSOCIATED PERSONS'].

3. **The Respondent's conduct.** I set out below a chronological account of the incidents of molestation, harassment, and/or violence which have led me to make this application.

[CHRONOLOGICAL ACCOUNT OF INCIDENTS]

4. **Impact on me and any children.** The Respondent's conduct has had the following impact on me and my children: [IMPACT ON YOU AND ANY CHILDREN]

5. **Most recent incident.** The most recent incident occurred on [DATE OF MOST RECENT INCIDENT]: [DESCRIPTION OF MOST RECENT INCIDENT]

6. **Why I believe I remain at risk.** [WHY YOU BELIEVE YOU REMAIN AT RISK]

7. **Children.** [ANY CHILDREN INVOLVED AND HOW THEY ARE AFFECTED]

8. **What I am asking for.** I ask the Court to make a non-molestation order in the terms set out in the application, prohibiting the Respondent from:
   (a) using or threatening violence against me or any relevant child;
   (b) intimidating, harassing, or pestering me or any relevant child;
   (c) contacting me directly or indirectly, including by telephone, text message, social media, or through third parties;
   (d) approaching within [EXCLUSION DISTANCE (METRES)] metres of [ADDRESSES TO BE PROTECTED].

9. I am / am not asking for the order to be made without notice to the Respondent because [REASON FOR WITHOUT-NOTICE APPLICATION (IF APPLICABLE)].

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**STATEMENT OF TRUTH**

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: ___________________________

Name: [YOUR FULL NAME (APPLICANT)]

Date: [DATE SIGNED]

Related Guides

• Family Court Process

Related Rights

• Family Rights

Frequently asked questions

What other forms do I need to submit with my witness statement?

You must complete Form FL401 alongside your witness statement. The statement alone is not sufficient for the court application. Additionally, you must clearly explain your relationship with the respondent to prove you are 'associated persons' under the law. If you need the respondent excluded from your home, you must request an occupation order separately.

Who can I apply for a non-molestation order against?

A non-molestation order is available to protect you or a child from an 'associated person,' such as a partner, ex-partner, or family member. If the person harassing you is not an associated person, a non-molestation order may not be available. In that case, you should consider applying for a harassment injunction under the Protection from Harassment Act 1997 instead.

What details must I include in the witness statement?

You should provide a chronological account of incidents, including specific dates, locations, and detailed descriptions of what happened. Vague allegations are less persuasive and may be challenged. You must also include any incidents involving children, even if the order is primarily for your own protection, and explain why you believe you remain at risk.

What should I do if I am in immediate danger?

If you are in immediate danger, you should call 999 rather than relying solely on the court process, as it takes time. You may request the order be made without notice to the respondent if there is urgency or significant risk. You must explain the reason for this request in the statement.

How should I describe the impact of the harassment on me and my children?

You should describe the specific impact of the conduct on you and any children. This might include suffering from anxiety or depression, or children being frightened or having their school attendance affected. This information helps the court understand the severity of the situation and the need for protection.