Non Molestation Orders

How does the process for non-molestation orders work?

To apply for a non-molestation order, you need to fill in form FL401. Along with the form, you must include a detailed statement and any evidence supporting your application. Our family law solicitors can help you to draft a statement that clearly explains each incident that has happened, with dates and the details of any witnesses present.

What evidence do you need for a non–molestation order?

While historical evidence can be used to demonstrate that abuse has taken place over time, it is important to show the court why you are making an application at this particular moment.

Supporting evidence may include:

• Emails, text messages and social media messages.
• Photographs of injuries.
• Photographs of damage to property.
• Reports from third parties such as your GP or a domestic violence counsellor.

Once the court has received your application, they will usually notify the respondent (the person you are making the allegations against) in person 2 days or more before they are required to attend a non–molestation court hearing. In some circumstances, the respondent will not be informed – see below.

Both you and the respondent will need to attend a court hearing. Measures can be put in place to protect you throughout this process.

If the respondent admits to the allegations against them or fails to attend court, a non-molestation will be granted.

If the respondent denies the allegations against them, the case will go to a contested hearing. At the contested hearing, the judge will decide whether to grant a non-molestation order.

Who can apply for a non-molestation order

You can apply for a non-molestation order if you are the victim of domestic abuse, and the abuser is:

• A member of your family.
• Somebody you are in a relationship with.
• Somebody you were in a relationship with.
• Somebody you are living with.
• Somebody you have lived with.

How do you apply for an emergency non-molestation order?

If you need immediate protection from an abuser, you can apply for an emergency non-molestation order. Please get in touch with our family solicitors as soon as possible as we are here to assist you.

To obtain an emergency order, you apply in the usual way through form FL401, but when you do so, you need to request an emergency order.

An emergency order application is called ‘ex-parte’. This means that the respondent will not be notified about your application, and an emergency non-molestation order will come into effect immediately.

Once the non-molestation order is already in effect, there will be a court hearing. At the hearing, the judge will decide whether the order should remain in place or not.

Talk to Davisons family law solicitors

Whether you are the applicant of a non-molestation order or the respondent, our expert family law solicitors know that the situation is extremely stressful for you. 

We have many years of experience with non-molestation order proceedings, so we can support you to apply or defend an application.