Applying for a Non-Molestation Order in the UK is a legal process that aims to protect you and your family from domestic violence or harassment. Applications are made under Part 4 of the Family Law Act 1996.
How to apply for a Non-Molestation Order:
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Gather evidence: To support your application, collect evidence of the abuse or harassment you have experienced. This may include photographs of injuries, text messages, emails, letters, witness statements, or any other relevant documentation.
Complete the application FL401
Write and submit your evidential statement with the FL401: Write a detailed statement explaining the incidents of abuse or harassment you have experienced. Be clear, factual, and concise in your statement. Include dates, times, and locations if possible.
Is your application is urgent and without notice-application?
If your application is urgent and without notice, the court may grant an interim Non-Molestation Order that is served on the other party by the court. The court will then set a return date for both parties to attend court for a Dispute Resolution Appointment.
If the application is not urgent or without notice, then the court will set a date for both parties to attend the first hearing.
At the first hearing, the Judge will determine whether the matter may merit the need for an interim non-molestation order if not already served. The court will want to understand the position of the respondent, as to whether the accusations and allegations are admitted and whether a non-molestation order is accepted. If the accusations are denied, the Judge may set a date for a Contested Hearing and the respondent will be provided with the opportunity to file and serve their evidential statement and any evidence in response to the allegations.
At the Dispute Resolution Appointment, there are other options to consider to resolve:
- a) The respondent can propose accepting a Non-Molestation Order on a no-fault or no-admissions basis.
- b) The respondent can offer a formal undertaking (N117)on a no-fault or no-admissions basis.
If there is no resolution at the first hearing the court will set a date for a final hearing and will determine whether an interim non-molestation order is needed.
Note: Service of documents: If the court grants a Temporary Non-Molestation Order or schedules a full hearing, the relevant documents will be served on the respondent, (the person you are seeking protection from), by the court or a process server. Never serve the papers yourself.
If the court is satisfied that you have reasonable grounds for the application, they will issue a Non-Molestation Order. This order will specify the prohibited behaviours, and it can last for a defined period, typically between 6 months and 1 year.
Breach of the order: A breach of the Non-Molestation Order is a criminal offence and carries the power of arrest. These pack a punch with significant fines and the real potential for imprisonment. The bottom line is don’t breach them.