Do I need a lawyer for a non-molestation order hearing?
This page is written for both sides: the person asking for protection and the person the order is made against. It describes what happens and where advice tends to matter, without telling you which choice to make.
The two hearings, in order
Without notice: the first decision
An application is made on form FL401 (see our FL401 guide). If the applicant asks for an order without the respondent being told first, section 45 of the Family Law Act 1996 lets the court make one where it is "just and convenient", considering the risk of significant harm if no order is made immediately, whether the applicant would be deterred from going ahead, and whether the respondent is deliberately evading service. The Guidance says without-notice orders are the exception, not the rule, but that exceptional does not mean rare.
Under paragraph 12 of the Guidance, the judge looking at a without-notice application can:
- make the order on the papers and list a return hearing in no more than 28 days;
- refuse it on the papers with reasons and list the application on notice within 21 days, in which case the applicant can ask within 2 working days for a without-notice hearing to reconsider, listed within 5 working days; or
- list a without-notice hearing within 1 working day so the applicant can give more evidence.
Applications should go to a judge on the day of issue if made before 4pm. Where an applicant represents themselves, paragraph 13 says the court will consider the difficulties they may face in presenting their case fully.
The return hearing: both sides heard
Section 45(3) requires the respondent to have a chance to be heard at a full hearing as soon as just and convenient. At that hearing, paragraph 18 of the Guidance allows the court to explore whether the respondent will agree to the order continuing with no findings of fact made, and to record that on the order. The court may also explore an undertaking (a promise to the court) instead, but it should not accept one where the respondent appears to have used or threatened violence and an order is needed so that a breach is a criminal offence. Our page on undertakings vs non-molestation orders compares the two.
If the respondent contests the order, the court gives directions for a later hearing, usually with statements from each side. Every non-molestation order must have a fixed end date, which may be 6 or even 12 months.
What an applicant can do without a lawyer
- Apply. There is no court fee for a non-molestation or occupation order application. The application on FL401 is supported by a statement; the Guidance refers to the Family Justice Council's best practice guidance, which includes a model witness statement.
- Ask for the right terms. The Guidance prefers short, enforceable orders: no contact except agreed routes for child arrangements, and staying away from where you live, with named roads rather than distances. Terms like "harass" or "pester" are discouraged because they are hard to enforce.
- Ask for support at court. Paragraph 9 says courts should consider participation directions, including remote attendance where there are safety concerns.
- Arrange service. Personal service is the starting point. You must not serve the order yourself; a court bailiff (requested on form D89) or a process server does it and files a certificate of service.
What a respondent can do without a lawyer
- Obey the order from the moment you are served. Breach is a criminal offence under section 42A of the Family Law Act 1996, punishable by up to five years' imprisonment, even if you dispute everything in the application.
- Read the order and the statement. A without-notice order must say it was made without hearing from you and that the court has not decided whether the allegations are true.
- Return the FL435 response form. It comes with the order and asks you to choose one of three options: you agree with the statement and to the order continuing; you do not agree with the statement but do not object to the order continuing (a "no admissions" order); or you want a contested hearing to challenge the evidence and put your own. The form says it must reach the court at least 5 days before the hearing, and that if you choose to contest, you must attend.
- Apply sooner if needed. A without-notice order must tell you that you can apply to set it aside or vary it without waiting for the return date (paragraph 26), and such applications should be listed urgently. Our FL403 guide covers the form used to vary or discharge an order.
- Attend. If you do not attend the return hearing, the order stays in place until its end date.
Comparing the two sides
| Applicant | Respondent | |
|---|---|---|
| Main document | FL401 and a supporting statement | FL435 response, then a statement if the case is contested |
| Court fee | None | None to respond |
| Legal aid | Within scope; means and merits tests apply, with more flexibility on income and assets where the case is about domestic abuse | Within scope; means and merits tests apply |
| Main risk of going it alone | Terms too vague to enforce, or evidence not presented clearly | Not understanding what agreeing, or not objecting, means for other cases |
Legal aid and free help
Schedule 1, paragraph 11 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 brings non-molestation and occupation order proceedings within the scope of civil legal aid. It describes the type of case, not which side you are on, so applicants and respondents can both apply. You still have to pass a financial test and a merits test. Gov.uk says you may be eligible with a higher income, or with assets above £8,000, where your case is about domestic abuse. The fastest way to find out is the gov.uk legal aid checker, and the gov.uk page on legal aid and domestic abuse lists the evidence that is often needed.
Free, independent help includes Rights of Women, which runs legal advice lines and publishes legal guides for women, and the Men's Advice Line, which supports men experiencing domestic abuse. Support Through Court offers practical help at some courts, and LawWorks lists free legal advice clinics. These organisations are independent and do not endorse EvidenceCanvas.
When advice matters most
- Criminal proceedings running alongside. If there is a police investigation, a charge or a criminal trial about the same events, what you say in the family court, and when, can matter in both. This is the situation where people on either side most often get advice before writing anything.
- An occupation order. An order about who may live in the home is a bigger step than a non-molestation order, and the Guidance says a without-notice order keeping someone from their home needs very careful consideration and specific evidence. See our occupation order guide.
- Children. Courts are asked to identify parallel children cases and manage them together where possible, and findings in one are normally shared with the other (paragraph 36). Contact terms in a non-molestation order can affect child arrangements.
- A contested hearing. While an on-notice protective injunction is in force, section 31S of the Matrimonial and Family Proceedings Act 1984 bans each of you from questioning the other in person in family proceedings. "On notice" broadly means both of you had notice of the hearing where it was made, or the respondent could have asked to set it aside or vary it at a hearing. See cross-examination in person vs a qualified legal representative.
Our non-molestation order guide explains what an order can contain, and how much a non-molestation order costs covers fees and legal aid in more detail.
Where EvidenceCanvas fits, and where it does not. EvidenceCanvas does not fill in or file form FL401 or FL435, does not arrange service, and cannot attend a hearing. It can sort your own messages and documents by date, show where each date was found, and draft a chronology or statement from them for you to check, whichever side you are on.
Questions people ask
- Can I get legal aid to defend a non-molestation order?
- Non-molestation proceedings are within the scope of civil legal aid whichever side you are on, but you must pass the financial and merits tests. The gov.uk legal aid checker is the place to start.
- What happens if I do not go to the return hearing?
- If you are the respondent and do not attend, a without-notice order stays in place until its end date. If you ticked the option to contest on form FL435 and then do not attend, the form warns the court may assume you are not contesting.
- What is a "no admissions" order?
- It is where the respondent does not accept the allegations but does not object to the order continuing. The order records that no findings of fact have been made.
- Will a non-molestation order stop my ex questioning me at a later hearing?
- If the order is in force and counts as on notice (broadly, both of you had notice of the hearing, or the respondent could have asked a court to set it aside or vary it), section 31S of the Matrimonial and Family Proceedings Act 1984 stops each of you questioning the other in person in family proceedings. A qualified legal representative can be appointed instead.
- How long does a non-molestation order last?
- It must have a fixed end date, set by the judge. The Guidance gives 6 or even 12 months as examples, and the order can be extended or varied by application.
Checked on 23 October 2026: President of the Family Division's Guidance 2026: Non-Molestation Orders under the Family Law Act 1996 (judiciary.uk, effective 12 January 2026; paras 6 to 13, 17 to 19, 21, 22, 26, 30, 36, 37 and Annex 2, form FL435 (01.26)); Family Law Act 1996, section 42; Family Law Act 1996, section 45; LASPO 2012, Schedule 1 (para 11); Matrimonial and Family Proceedings Act 1984, Part 4B (section 31S); gov.uk: legal aid and domestic abuse; gov.uk: legal aid financial eligibility; EX50 family court fees; Form FL403. General information for England and Wales, not legal advice. Your court's directions take priority over this guide.