Non-molestation orders

Once you have this order in place, the other person won’t be able to contact you, or get close to you. It’s a way of getting legal protection for you and your children, against a person that has been abusive towards you.

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How the order protects you

Deciding to take legal action against a person that has been abusive towards you is a big step. We understand that it may be a little scary, but we can assure you that it's worth it to protect yourself and your children.

Once a non-molestation order is in place, the abusive person will no longer be able to contact you, or go anywhere near you. You won’t have to put up with their harassing or threatening behaviour anymore.

The order usually lasts between 6 and 12 months, but we can apply for an extension if you still feel unsafe when the order is about to expire.

You can get this type of order against someone you’ve had a relationship with, a family member, or someone you’re living with.

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How to get the order

The order is a good way to secure your future protection, but if you feel in immediate danger, please contact the police for urgent help.

1. Prepare your witness statement

The process for getting the order starts with preparing your witness statement. We’ll help you put your experience into words for the court, and gather as much evidence as possible to avoid delays in the court process.

Evidence helps the court to understand what you’ve been through. So you can show them things like threatening text messages, photos of injuries, and damage to the property if that’s relevant.

2. File the documents at court

We will file the correct forms and your witness statement at court for you. There’s no court fee for this type of application.

3. Attend a court hearing

After that, you’ll be asked to attend a court hearing. This is just a small affair and the only people in the room will be you, the person you’re applying against, the judge, and the legal representatives.

Sometimes being in the same room as the other person is overwhelming. In those cases, you can choose to have the hearing over video call or phone call. In some circumstances, we can apply urgently and the other person will not be present.

4. We serve the order

Once the order is granted, we will serve it on the other person, so that they are aware that it is now in place. Serving the order simply means that we bring it to their attention. Normally, this means instructing a process server or a court bailiff to find your opponent and hand them the paperwork.

Breaches of the order

If you have a non-molestation order in place, what can you do if the other person has breached its terms, or continues to act in a way that undermines the order?

It’s a serious offence to breach the order. The person could be arrested and face a prison sentence of up to 5 years.

You should call the police to inform them that the person is breaching the terms of the non-molestation order.

If that feels daunting, or you’re unsure if their behaviour amounts to a breach, please get in touch with us. We can discuss your situation with you, and help you to report it to the police.

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Frequently asked questions

Usually it takes about two weeks to get the order in place. If you need the order urgently, sometimes we can get an urgent hearing and get it in place the same day.

It can take longer than two weeks if the court doesn’t think it has enough information to grant the order. That’s why we try to gather as much evidence as possible for the first hearing. Otherwise, you may be asked to come back at a later date with more information.

The order can apply to most people you are closely connected to, including:

Your husband, wife, or civil partner
Your former husband, former wife, or former civil partner
Your fiancé, fiancée, or proposed civil partner
Your former fiancé, former fiancée, or former proposed civil partner – if your engagement or agreement to form a civil partnership ended less than 3 years ago
Your boyfriend, girlfriend, partner, or a person you’re in or have been in a reasonably committed relationship with

Take your first steps today

We understand that taking legal action against a partner, former partner, or family member is a difficult and scary decision. Our solicitors are experienced in this area, and can give you educated legal advice, while supporting you through this challenging time. We’re by your side to help you feel safe again. If you’d like to explore taking things further, please get in touch for a free 45-minute consultation.

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Awards & Recognitions

We’re recognised by the Legal 500 as a Leading Firm in a number of practice areas. That means that an external, objective body has scrutinised our competency and client reviews, and found us to be one of the top family law practices in the UK.

Our lawyers are members of Resolution, so we are committed to a Code of Practice which promotes a constructive approach to family issues that considers the needs of the whole family.