Non-molestation orders: the practical guide

A non-molestation order is a court order protecting you or your child from a person who has harmed or threatened you. Applications in England and Wales attract no court fee, and the person named in the order can be arrested if they breach it.

What a non-molestation order actually does

Under section 42 of the Family Law Act 1996, the order prohibits a person (“the respondent”) from molesting you — or a relevant child — where you are “associated” with them (partners and ex-partners, family members, people who have lived together, and parents of the same child, among others). “Molestation” is deliberately broad: the order can forbid harassment in general, specific acts, or both.

The court can make the order for a specified period or until further order — section 42(7), Family Law Act 1996.

What you can ask the court to include

A general prohibition on molesting you and/or your child.
Specific prohibitions — for example no contact, no coming within a distance of your home, workplace or the child’s school, no contacting via third parties or social media.
An occupation order can be applied for alongside it — that decides who may live in or enter the family home or its surrounding area. That application is also free of a court fee.

How to apply

Form FL401, filed at the family court, with a statement supporting your application. There is no court fee for a non-molestation order or an occupation order (confirmed in the current EX50 family fees list on GOV.UK).
Without notice (“ex parte”) applications: if telling the respondent first would put you at risk, the court can consider the application the same day without them being told. That gives short-term protection until a full hearing where both sides can be heard.
The full hearing: the court hears both sides before deciding whether to make the order, what it forbids, and how long it lasts.

What evidence helps

Courts decide on evidence, not assertions. Useful material includes a dated chronology of incidents, messages and call logs, photographs, medical records or police references, and witness accounts. Keep originals and make copies — the court will want to see the underlying material, not only a summary. Organising this in date order, with a source for every entry, is the single thing that most improves how a statement reads.

Breach of the order

A non-molestation order is enforceable by arrest: the person named in it can be arrested if they break it (GOV.UK). You can also apply to extend an order that is ending if you still need protection.

Free help alongside the court

Legal aid may cover advice and representation for domestic abuse victims — check eligibility on GOV.UK.
Charities including Refuge, Women’s Aid, Citizens Advice and the Men’s Advice Line advise on applications.

How EvidenceCanvas helps with the paperwork

EvidenceCanvas gives litigants in person a structured workspace for exactly this part: a document inventory, a key-dates chronology with source references, and draft statements kept in one controlled place — so what you hand to the court, or to a solicitor later, is organised and consistent. See the free starter kit or how the portal works.

Checked against GOV.UK, legislation.gov.uk and justice.gov.uk on 5 October 2026. EvidenceCanvas is not a law firm and this is general information, not legal advice. If you are in immediate danger, call 999.