Introduction

A non-molestation order is a type of injunction designed to protect individuals from harassment, threats, or abuse by someone they have a close personal relationship with. These orders are often used to ensure the safety and well-being of victims, while also preventing contact or certain actions by the person the order is made against.

In this article, we’ll break down everything you need to know about non-molestation orders, from how to apply for one to what happens if the order is breached. Whether you’re seeking protection or responding to an order you feel has been unjustly issued, this guide will help clarify your options.

Who Can Apply for a Non-Molestation Order?

You can apply for a non-molestation order if you have been a victim of domestic violence, harassment, or threats, and need protection from someone close to you. The person in question could be:

• A current or former partner.
• A family member.
• Someone you live with or have lived with.

Under 16?
If you’re under the age of 16, you’ll need permission from the High Court to apply for a non-molestation order.

How to Apply for a Non-Molestation Order

To apply for a non-molestation order, you’ll need to:

1. Complete the Application Form: Provide details of why you’re seeking the order.
2. Submit a Witness Statement: This should outline the allegations against the respondent.
3. Draft the Order: Prepare a proposed order for the court to review.

Without Notice (Ex-Parte) Applications
In urgent situations, the court can grant a non-molestation order without notifying the other party first. Known as a "without notice" or ex-parte application, this ensures protection is in place immediately. However, the respondent will have the opportunity to challenge the order at a later return hearing.

What Happens at a Return Hearing?

After a non-molestation order is issued, it doesn’t come into effect until it has been formally served to the respondent. The court may then schedule a return hearing, where the respondent can present their side of the story.

At this hearing:

• The court will decide whether to uphold, vary, extend, or discharge the order.
• If time is insufficient to provide evidence, the court may schedule a fully contested hearing to examine the case in more detail.

What if I’ve Been Unjustly Served?

If you believe the allegations against you are unfounded:

• Attend the return hearing. Failing to do so could result in the order remaining in place.
• Prepare a response statement with any supporting evidence, if time allows.
• Present your case calmly and clearly to the court.

Undertakings as an Alternative
In some cases, the court may dismiss the non-molestation order in favour of an undertaking. This is a formal promise not to engage in certain behaviours, and it’s often used when allegations are less severe or both parties agree to resolve the issue without the order.

Breaching a Non-Molestation Order

Breaching a non-molestation order is a criminal offence and carries serious consequences, including:

• Up to five years in prison.
• Criminal charges that could lead to fines or additional penalties.

If a breach occurs, the victim should report it to the police immediately. Authorities will typically arrest the individual, and the Crown Prosecution Service (CPS) may pursue charges.

Key Examples of Non-Molestation Orders

Here are some common situations where non-molestation orders may be issued:

• Preventing someone from contacting or harassing a victim.
• Stopping threats or violent behaviour.
• Protecting the victim from having someone instruct others to intimidate them.

Other Related Orders

Non-molestation orders are sometimes issued alongside occupation orders, which determine who can live in or access the family home. For more information, check out our useful information page on occupation orders.

Understanding Cross-Undertakings

In some cases, the court may encourage both parties to agree to cross-undertakings, where each promises not to commit acts against the other. While this can be a good resolution, it’s important to remember:

• Breaching an undertaking carries the same penalties as breaching a non-molestation order.
• Both parties must fully understand and adhere to the agreed terms.

Where to Get Help

If you’re seeking to apply for or respond to a non-molestation order, consider the following resources:

• Apply for a Non-Molestation Order (GOV.UK)
• Women’s Aid
• National Centre for Domestic Violence
• Legal Aid Eligibility Check

Final Thoughts

Non-molestation orders are powerful tools to protect individuals from harm, but they are also serious legal measures with significant consequences if breached. Whether you’re seeking protection or responding to an unjust order, it’s crucial to understand your rights and responsibilities.

For tailored support, reach out to a legal professional or a McKenzie Friend. They can help you navigate the process and ensure your voice is heard in court.

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