Non Molestation Order

Part of: Post-Separation Abuse: Understanding How Courts Become Tools of Control

Separation and divorces may often not be the end of a relationship and may just be the start of many orders such as a non molestation order, occupational or even child arrangement orders. You may feel that you have seen the end of your former partner, but this is not always the case. Quite often ex-partners can be jealous or simply abusive or controlling. You may be forced to take action of any negative behaviour from your ex-partner. Our family lawyers consider below an example of where the behaviour from an ex-partner can get out of hand.

By: Garry Steedman, Family Law Consultant
Legally reviewed by: Iblal Iqbal, Partner & Family Law Strategist, Kabir Family Law

What is a non molestation order?

A non-molestation order prohibits a person from molesting the person who is applying for the order. In family law matters non-molestation orders are used to stop your ex-partner from harming you or threatening you with harm.

Non-molestation orders are commonly used in domestic violence cases. However, these orders also extend to cases of:

• Acts or threats of violence,
• Use of abusive language,
• Physical, emotional, financial or sexual abuse and harassment,
• Stalking, or
• Abusive messaging whether this is text messaging or through social media messaging.

A non molestation order not only provides protection to the victim but empowers the victim with a sense of control in relation to actions which are uncalled for from their abuser.

Which laws govern non molestation orders?

Non molestation orders are governed by the Family Law Act 1996. Under section 42 of the Family Law Act 1996 a non molestation order means an order containing either or both of the following:

• Provision prohibiting a person (respondent) from molesting another person who is associated with them, and or
• A provision prohibiting the respondent from molesting a relevant child.

Under the act the court may make a non molestation order:

• In an application for the order has been made by a person who is associated with the respondent; or
• If in any family proceedings to which the respondent is a party the court considers that the order should be made for the benefit of any other party to the proceedings or any relevant child even though no such application has been made.

What are examples of molestation?

By obtaining a non molestation order, the court specifies that a respondent cannot do or take certain actions. These actions would ordinarily amount to molestation. Examples of molestation are constantly approaching the victim, acting in a threatening manner, using violence or abuse towards a victim, attending the property of the victim. Molestation also covers other general behaviours which amount to harassment or cause distress to a victim. These could include unwanted and frequent contact with the victim by way of social media, text messages, telephone calls, emails or through the post.

Can I Get a Non-Molestation Order for Emotional Abuse?

Yes, you can apply for a non-molestation order for emotional abuse. Family courts now recognise that emotional abuse can be just as damaging as physical violence, and a non-molestation order for emotional abuse provides essential protection for victims experiencing psychological harm. Our family law experts frequently assist clients who have suffered prolonged emotional manipulation, verbal degradation, and psychological intimidation within their relationships.

When applying for a non-molestation order for emotional abuse, the court will consider patterns of behaviour designed to undermine your confidence, isolate you from support networks, and maintain control through psychological pressure. Evidence supporting a non-molestation order for emotional abuse may include detailed incident logs, witness statements from family or friends who observed changes in your behaviour, and medical records documenting the psychological impact on your mental health.

The process for obtaining a non-molestation order for emotional abuse follows the same application procedure as physical abuse cases. However, documenting psychological harm requires careful preparation to demonstrate the cumulative effect of abusive behaviour. A non-molestation order for emotional abuse can prohibit the respondent from contacting you, attending your home or workplace, and engaging in any conduct designed to cause distress. Our family lawyers can advise you on gathering appropriate evidence and building a strong case for a non-molestation order for emotional abuse based on your individual circumstances.

How Does Coercive Control Affect a Non-Molestation Order Application?

Coercive control is now recognised as a significant ground for obtaining a non-molestation order, and a non-molestation order for coercive control can provide vital protection when you are experiencing controlling behaviour. Since the introduction of coercive control as a criminal offence in 2015, courts have become increasingly aware of how this form of abuse operates within relationships, making a non-molestation order for coercive control more accessible to victims.

When seeking a non-molestation order for coercive control, the court will examine evidence of patterns including financial manipulation, monitoring your movements, restricting your freedom, and isolating you from friends and family. A non-molestation order for coercive control addresses these behaviours by preventing the respondent from continuing such conduct.

Evidence supporting a non-molestation order for coercive control may include text messages showing constant monitoring, financial records demonstrating economic abuse, and statements from witnesses who can verify isolation tactics. The psychological impact of coercive control is often profound, and courts take these applications seriously when considering whether to grant a non-molestation order for coercive control.

Our family law specialists understand the complexities involved in proving coercive control patterns and can guide you through preparing a compelling application for a non-molestation order for coercive control. Depending on your circumstances, gathering sufficient documentation may take time, but our team can advise on the most effective approach for your situation.

Will a Non-Molestation Order Show on a DBS Check?

A non-molestation order does not usually show on a DBS certificate simply because the Family Court has made the order. It is a civil protective injunction under the Family Law Act 1996, not a criminal conviction.

That distinction matters for employment, professional roles and volunteering. Someone may be subject to a non-molestation order without having a criminal record. This can apply whether the order was made after a contested hearing, agreed without admissions, or granted without notice pending a return hearing.

The position becomes more complicated if there has been an alleged or proven breach of the order, another criminal offence, or police-held information connected with the circumstances of the case.

Basic DBS checks

A basic DBS check shows unspent convictions and conditional cautions. A non-molestation order by itself does not fall into either category and will not normally be shown.

If a person is convicted of breaching a non-molestation order, that conviction may appear on a basic DBS certificate while it remains unspent. The length of time it remains unspent depends on the sentence imposed and the rehabilitation rules that apply.

Standard DBS checks

A standard DBS check can disclose spent and unspent convictions and cautions that are not protected by the DBS filtering rules. It does not ordinarily disclose a civil Family Court order simply because the order exists.

Accordingly, where there has been no caution, conviction or other criminal outcome, a non-molestation order would not normally appear on a standard DBS certificate. If there is a conviction for breach, its disclosure will depend on the nature of the conviction, the sentence, the time that has passed and the DBS filtering rules.

Enhanced DBS checks

An enhanced DBS check can include more than criminal convictions and cautions. Police may, in some cases, disclose relevant information held locally by the police, including non-conviction information.

This does not mean that every non-molestation order, allegation of domestic abuse, police attendance or family-court application will be included. The police must make an individual decision about whether the information is relevant to the particular role and whether it ought to be disclosed.

The decision is particularly important for roles involving children, vulnerable adults, healthcare, education, social care or other regulated activity. Police should consider the seriousness, credibility, relevance, age and proportionality of the information before deciding whether to disclose it. The official statutory disclosure guidance explains this enhanced DBS process.

A historic order with no criminal outcome and no continuing safeguarding concerns will not necessarily be relevant to an enhanced DBS application. Conversely, recent and credible police information suggesting a safeguarding risk may be more likely to be considered for disclosure in a role of trust.

Does a Non-Molestation Order Give You a Criminal Record?

No. A non-molestation order itself does not give the respondent a criminal record.

The order is a civil injunction made by the Family Court to prevent molestation, which can include violence, threats, harassment, coercive behaviour, intimidation, unwanted contact and other abusive conduct. Accepting an order, not opposing it, or giving an undertaking to the court does not by itself amount to a criminal conviction.

A criminal record can arise if the respondent is convicted of breaching the order or convicted of a separate criminal offence arising from the same circumstances, such as assault, harassment, stalking, controlling or coercive behaviour, criminal damage or threats.

Breaching a non-molestation order without reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996. A conviction can result in a fine, community sentence or imprisonment. The maximum sentence on conviction on indictment is five years’ imprisonment.

An unspent conviction will appear on all DBS check levels. A conviction that later becomes spent will normally no longer appear on a basic DBS certificate, but it may still be disclosed on a standard or enhanced certificate unless it is protected by the DBS filtering rules.

The distinction is particularly important where a sentence of imprisonment is imposed. Under the current DBS filtering regime, a conviction resulting in a custodial sentence—including a suspended sentence—will always be disclosed on standard and enhanced DBS certificates.

Anyone who has been served with a non-molestation order should comply strictly with its terms. Even contact that seems minor, such as a message sent through another person, unwanted online communication, contact about child arrangements outside an agreed channel, or attending a prohibited address, can have serious consequences if it breaches the wording of the order.

For more information about enforcing an injunction, see the section below on what to do where there is a non-molestation order breach. Where police have attended incidents or hold reports that are relevant to the underlying allegations, our guide to police evidence in family-court proceedings explains how that material can arise in family cases.

Can a Non-Molestation Order Cover Social Media Harassment?

A non-molestation order social media harassment provision is increasingly important as online abuse becomes more prevalent. Yes, a non-molestation order social media harassment clause can prohibit the respondent from contacting you through any digital platform, including Facebook, Instagram, WhatsApp, and other messaging applications.

When applying for a non-molestation order social media harassment protection, you should document all instances of online abuse. Screenshots of threatening messages, evidence of persistent unwanted contact, and records of online stalking behaviour all strengthen an application for a non-molestation order social media harassment coverage.

Modern non-molestation orders have evolved to address a non-molestation order social media harassment situation comprehensively. The order can specifically prohibit the respondent from posting about you online, contacting you through any electronic means, and using third parties to communicate with you via social media. A non-molestation order social media harassment provision typically forms part of wider restrictions preventing all forms of contact.

Courts recognise that a non-molestation order social media harassment element is essential in protecting victims from modern forms of abuse. If you are experiencing online harassment from a partner, ex-partner, or family member, a non-molestation order social media harassment clause can provide legal protection backed by criminal penalties for breach. Our family law specialists can advise on how to document digital abuse and include appropriate provisions in your application.

Who can apply for a non molestation order?

In order to apply for a non molestation order you have to be an associated person of the respondent. In order to satisfy this requirement one of the following must apply:

• You have or have been married to or civil partners of each other or have agreed to marry/enter into a civil partnership.
• You have cohabited together
• You have lived in the same household in a family scenario
• You have had an intimate physical relationship of significant duration
• You are parties in the same family proceedings
• In relation to a child, you are both parents, or have had parental responsibility.

A child who is victim of molestation can also apply to the court. They will need the courts permission to apply if they are under the age 16. The child must live with or be expected to live with either party, or be a child whose interests the court considers relevant. In most circumstances, children’s applications for a non molestation order are usually bought as part of a global application for protection, however these can also be bought in their individual right.

How do you apply for a non molestation order?

If you are suffering from abuse or harm and you can satisfy the above requirements, then you will be able to apply for a non molestation order. In order to apply for an order you will need to complete the application to the Court.

In order to complete the form you will need to complete your details in the applicant section. You will also need to provide details of the respondent including their name and address. You will also need to specify on the application form which order you are applying for. You must also confirm whether you wish the court to hear your application with or without notice to the respondent.

The application form will also require you to confirm your relationship with the respondent and provide full details of the nature of your application and why you require the order. You will need to ensure you make 2 copies of your completed application form and write a statement to tell the court what has happened and asking for the relevant order.

You will then need to send the application form together with your statement to the court which will deal with case. If you would like further information on making an application for a non molestation order, then contact our family law specialists today who will provide you with the advice and assistance you need.

We strongly advice legal advice is obtained before completing an application to ensure your best possible chances of success. Our family lawyers often see poorly drafted applications missing key information which client’s later want to rely on but struggle to do so; Court’s will expect all key information to be included within an application. It is also therefore important that care is taken.

What Evidence Do I Need for a Non-Molestation Order Application?

Understanding non-molestation order evidence requirements is essential for building a successful application. Meeting the non-molestation order evidence requirements involves demonstrating to the court that you have experienced molestation or are at risk of future harm from the respondent.

Key non-molestation order evidence requirements include preparing a detailed witness statement describing incidents of abuse, their dates, and their impact on you. The non-molestation order evidence requirements can be satisfied through various supporting materials including photographs of injuries, screenshots of threatening messages, medical records, police reports, and witness statements from others who can verify the abuse.

When considering non-molestation order evidence requirements, courts assess cases on the balance of probabilities. This means non-molestation order evidence requirements are less stringent than criminal proceedings, but you must still demonstrate a genuine need for protection. There is no single piece of evidence that guarantees success, so meeting non-molestation order evidence requirements typically involves building a comprehensive picture of the respondent’s behaviour.

Our family law specialists frequently advise clients on non-molestation order evidence requirements and help gather appropriate documentation. We understand that compiling evidence can be challenging, particularly when leaving an abusive situation. We can provide assistance and guidance on what non-molestation order evidence requirements are most relevant to your circumstances and help you present the strongest possible case to the court.

Can you apply for an without notice to the respondent?

In some situations you may feel that you need protection from the respondent immediately. In such a case you can ask for an emergency order. In such a situation you do not have to tell the person you want protection from that you are applying for an order. This is known as a “without notice” or “ex-parte” application.

How much does it cost to apply for a non molestation order?

An application for a non molestation order has no court fee. Therefore you are able to apply for free.

Who can a non-molestation order be applied to?

Commonly non-molestation orders apply to a partner or an ex-partner. However, they can also be used against the following categories of people:

• A spouse or ex-spouse
• Civil partner or ex-civil partner
• A fiancé or ex-fiancé
• Someone with whom you are living with or have lived with
• The parent of your child
• Someone with whom you have shared an intimate personal relationship, or
• A family member.

What happens after you have applied for a non molestation order?

A non molestation hearing will usually be held in private. If the application is made without notice, then this emergency application may be heard on the same day. In most cases if notice of the application is provided to the respondent then only you, the person you are applying for an injunction against and any legal representatives will attend.

At the end of the hearing the court will make one of the following decisions:

• The person against whom the non molestation order application has been made against will undertake (promise) to do or not do something,
• You may be requested by the court to provide further information. In such a case you maybe granted an interim order to protect you whilst this information is obtained, or
• Issue an order. When the order ends another hearing maybe held to decide on whether the order will need renewing.

What happens after a non molestation order hearing?

Following on from the court hearing, you must arrange for the non molestation order to be served on the respondent. This is to ensure they get a copy of the order in person. You can either ask the court to serve the documents or in the alternative you can pay a process server to do it. You must not hand the order to the respondent yourself.

If a process server serves the documents rather than the court, you will also need a statement of service. This will need to show how and when the documents were served. This form will then need to be submitted to the family court.

The order together with the statement of the service must also be taken to the police station which may be named in the court order. Our family lawyers in Northampton as well nationally are able to assist you ahead of hearing.

Can the police serve a non molestation order?

The court rules do not ask the police to serve a non molestation order. That job sits with the applicant, and someone other than you must hand the order to the respondent in person (Family Procedure Rules, rule 10.6). There are three ways to get it done:

• Ask the court. If you have no lawyer, the court must serve the order when you ask it to. You request a court bailiff on form D89, and there is no fee.
• Pay a professional process server to hand it over.
• If a family lawyer is helping you, they arrange service.

The police come in after service. A copy of the order goes to the police station for your address, or to the station the order names, with a statement showing the respondent was served or told of its terms (rule 10.10). The court sends it when the court did the serving; otherwise you deliver it. GOV.UK’s injunction guide sets out the same steps.

When does a non molestation order come into effect and how long does it last?

A non molestation order will only come into effect once the person whom it applies to has been served with the court order. This is because the courts want to ensure the other party has knowledge of the non molestation order and its existence.

A non molestation order can run for a fixed period as decided by the family court or alternatively can last indefinitely. Quite commonly a non molestation order will continue running until either it is cancelled by the court through the making of another court order. In cases concerning children an order may continue until a final child arrangements order is made.

It is important to note that a victim of molestation can ask the court to extend a non molestation order before it expires if the victim feels they need to continue with the protection.

What is a without notice non molestation order?

A without notice non molestation order concerns an application where one party has made an application to the court and specifically requested that the other party is not put on notice of this. Where such an application has been made you will not be made aware of such an application being made until a hearing has taken place and the application against you has been considered by the courts. This means until the courts have granted the non molestation order which was sought on a without notice basis you will not be made aware of this.

The courts will usually consider a without non molestation order where one party alleges that the person against whom the order is being requested against may do something or carry out an action which could cause them harm if they were made aware of the application or further frustrate the application being made.

The courts will consider the without notice application and evidence provided in support before making an order. If the courts do decide to make a without notice non molestation order then you will not know until the order has been made. The courts will then make arrangements for the without notice non molestation order to be served on you. It is at this time that you will be made are of such an application being made against you and an order being put in place by the court.

You may be in shock when you are served with a without notice non molestation order as this will be the first time you would be aware of the order. However despite a without notice non molestation order being made the courts will list a return hearing within 14 days. This is to ensure that you are given a chance to respond to the without notice non molestation order and put forward your arguments and evidence. Therefore the without notice application hearing for the non molestation order can be seen as a temporary measure to provide some form of protection to the applicant prior to the matter being listed for a full hearing. Despite a without notice non molestation order being made you will be given the opportunity to ensure your side is put forward and your evidence is heard.  You will not be subject to a full non molestation order until you have had an opportunity to respond appropriately.

How Does a Non-Molestation Order Affect Child Arrangements?

Understanding how a non-molestation order child arrangements interact is crucial for parents navigating separation. A non-molestation order child arrangements situation requires careful consideration because the order may impact contact with children, but it does not automatically prevent all contact.

When a non-molestation order child arrangements issue arises, the court considers the welfare of children as paramount. A non-molestation order child arrangements scenario typically means that direct contact between parents may need to be facilitated through third parties or specific arrangements that comply with the order terms.

The relationship between a non-molestation order child arrangements proceedings is complex. While the non-molestation order child arrangements may restrict direct communication, separate child arrangement orders can be made to establish contact schedules. Courts often hear non-molestation order child arrangements matters alongside applications for contact to ensure both safety and children’s relationships with parents are addressed.

If you are concerned about how a non-molestation order child arrangements will affect your family situation, seeking early legal advice is essential. Our family law experts regularly handle cases where a non-molestation order child arrangements considerations must be balanced with maintaining appropriate parental relationships. We can advise on how to navigate both protective orders and contact arrangements effectively based on your circumstances.

What do I do next after receiving a non molestation order?

When you have been served with a non-molestation order you should consider when the next hearing is. The initial order may have been granted without notice to you as the other party may have advised the court that you may cause issues with regards to the hearing. The next hearing will provide you with the opportunity to challenge any allegations made against you and present your side of the story together with any evidence you may have.

It is extremely important that you enquire about the next hearing if you have not been provided with any details. You must remember that the court is permitted to make orders in your absence. Failure to attend a subsequent hearing could mean you lose your right to challenge the non-molestation order against you and present your evidence. This would therefore mean that the non-molestation order will continue to be in force until stated by the court.

Consider seeking early legal advice

Obtaining early legal advice in non-molestation can be beneficial. Family solicitors are well equipped to review the non-molestation order and understand your side of the story and your evidence. You will be surprised to know that a legal professional can provide tailored advice and guidance on how to respond to such applications. This will allow you to prepare ahead and understand the law and the issues you are dealing with.

Consider your options

You may be disappointed with your ex-partner or a family member for obtaining a non-molestation order against you. You may also have feelings of anger and may feel that the non-molestation order is based on lies. When you have received the non-molestation order you should carefully consider whether you should challenge this order. If you successfully challenge an order you will have the opportunity to clear your name against any lies or false information against you. However, this could create further animosity which may not be ideal if children are involved. Challenging a non-molestation order can also be challenging and add financial pressure.

When served with a non-molestation order you also have the options of not opposing the order or alternatively agreeing to the undertakings on the basis that the allegations against you are not accepted. This option negates the need for a contest and could show the court you are not there to prove the applicant is a liar.

How to defend a non molestation order?

If you are wanting to challenge the non-molestation order against you, you will need to provide evidence to support your case. You will usually need to challenge the applicant’s witness statement and any other evidence they have such as reports from professionals such as medicals and the police. Although the court requires the applicant to prove their case, you will still be required to challenge their evidence and allegations and presenting your own evidence. You will therefore carefully need to consider what evidence you have or what evidence you can obtain. At Kabir Family Law, our specialists can provide guidance on the type of evidence you will need in your individual circumstances and provide you with the likely prospects of succeeding in your challenge.

What to consider when defending a non molestation order?

Before defending a non molestation order it is extremely important to consider what this will achieve. Our family law specialists understand that many respondents feel angry and aggrieved when they see that someone has taken out a court order against them on the basis of lies. As a result of this some respondents will simply want to defend an order on the basis of not wanting the applicant to win.

Successfully defending an order will not make other people aware that the applicant was lying or using false information. It can create animosity between the parties which can be unhelpful if children are involved. This may children to have negative feelings of their parents. Defending an order may also add pressures of both time and money. Instead, a respondent can either not oppose the order or agree to undertakings (which is a promise to the court not to do things) on the basis that they do not accept the allegations that have been made against them.

Comply with the terms of the order

It is important that whilst the matter is ongoing you comply with the terms of the non-molestation order. If these terms are not complied with whilst the matter is being considered this will create a poor impression to the judge. Failure to comply with the non-molestation order will also result in a breach of an order. A breach of a court order is considered to be very serious. Failure to adhere to the court order could lead to either criminal proceedings or civil proceedings by applying to the court that made the order. A breach may result in criminal investigation and prosecution. The seriousness of the outcome will depend on the conduct alleged, any history of abuse or breaches, the evidence available and the circumstances of the case. Anyone accused of breach should seek urgent legal advice, comply with the order in the meantime and avoid any conduct that could be interpreted as direct or indirect contact.

What options do I have when a without notice non molestation order has been made against me?

Where the courts have made a without notice you will be given a chance for to respond to the application and the order made at the return hearing. When you receive a without notice non molestation order you should consider seeking legal advice as this is an urgent matter which may require urgent attention given the turnaround between hearings might be fast approaching. You will need to ensure you are prepared for the return hearing and if required you give yourself enough time obtain representation for the hearing.

When you attend the court for the return without notice non molestation order hearing you will have an option to either accept the order made against you, oppose the order or agree to give an undertaking.

If you chose to accept the without non molestation order then this will remain in place for the defined time, and you will not be able to go against the order. As you will be aware the non-molestation order will usually last for a period of a year and further applications can be made for this to be extended. On the other hand you may agree to an undertaking without accepting the allegations. This means you promise the court not to carry out the things stated in the order from which you are restricted.

Alternatively you may feel that the without notice non molestation order is based on false information and lies. In such a situation you may want to present your arguments to the court and provide your evidence in challenging the without notice non molestation order. If you are successful in this, this would mean there is no non molestation order in place given that you have satisfied to the court that such an order is not required.

What will I need to do to successfully oppose a without notice non molestation order?

If you have been served with a without notice non molestation order you may feel that the application is made on false information, lies and even false evidence. In fact you may feel that you are not the person who should have received this order and the other party in fact is the one who should have been subject to this order. In order to successfully defend an oppose the without notice non molestation order you will need to satisfy to the court that such an order is not necessary. This will need to be done by considering the evidence and any statement together with the application itself which has been made against you. You will then need to get your points across as well as provide your evidence and provide information and evidence which counters the other parties allegation.

At Kabir Family Law, our family law specialists can assist you from the moment you contact us in preparing you to oppose the without notice non molestation order made against you. We can assist you in preparing a robust statement in response which will contain the reasons why you oppose the application together with assisting you packaging your evidence in a way which would be easy for the courts to consider.

What is the cost of contesting a non molestation order?

When considering contesting such orders you might find yourself questioning what is the cost of contesting a non molestation order? Quite specifically there is no court fee for you to contest the non molestation order. The fee for the court would have been paid by the person who has issued an application for the non molestation order. However you may incur legal costs such as costs for obtaining legal advice and assistance, costs for representation by a barrister at a hearing and travel costs if the matter is listed on notice and by way of an attended hearing.

Family law is all that we specialise in so if you are facing a non molestation order application against you then contact our offices to arrange a free initial consultation. Our team of specialists will ensure that you are carefully advised on how to contest a non molestation order and assist you in carefully assessing the application made against you. This will provide you with the best possible chance in preparing for a hearing and successfully contesting a non molestation order.

What to do where there is a non molestation order breach?

If there is a breach of the non molestation order and you fear for your safety or the safety of others around you then you should contact the police. If you believe a non-molestation order has been breached, contact the police. Breach of a non-molestation order without reasonable excuse is a criminal offence. The police can investigate the allegation and may arrest the respondent where the legal grounds for arrest are met. Keep copies of the order, proof of service or evidence that the respondent knew about it, and any messages, call logs, screenshots, CCTV, witness details or other evidence of the alleged breach.

Instead of reporting a breach to the police, you can go back to the court that made the order yourself. By breaching a court order the abuser is in contempt of court for disobeying a court order. The court has the power to either fine your abuser, impose a suspended sentence or commit them to prison.

What are the problems with non molestation orders?

The problems with non molestation orders usually start after the hearing, when the order has to be served and then enforced.

There is no power of arrest attached to the order. Breaking it without reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996, so the police decide whether to arrest, and they act on evidence. Our guide to power of arrest on non-molestation orders explains how that works in practice.

An order made without notice only protects you as a criminal matter once the respondent knows it exists. Contact before then is not an offence (section 42A(2)). If the respondent cannot be found, or keeps avoiding the process server, you may need the court’s permission to serve another way.

The respondent can apply for an order against you too. A cross-application can turn a short hearing into a contest in which the court tests both accounts, so your statement and evidence need to be ready for that.

If you share children, the order has to work alongside contact. The wording of the order should cover handovers and messages about the children, or an ordinary arrangement can start to look like a breach.

Expert commentary:

“A non-molestation order is a civil Family Court injunction, not a criminal conviction, and it does not automatically appear on a DBS certificate. The key questions are whether there has been a criminal outcome, what information police hold, the level of DBS check required and whether any information is genuinely relevant and proportionate to the specific role. It is essential not to confuse the existence of an order with a criminal record, while also understanding that breach of the order is a serious criminal matter.”

Garry Steedman, Family Law Consultant, Kabir Family Law

Arrange a free consultation to before applying for a non-molestation order today

Non-molestation orders will require careful consideration when applying for or responding to. A poorly prepared application could result in an unsuccessful action and in some circumstances lead to a cost order.

You should try and put aside emotions to ensure you adequately consider how to respond to such an order. Contact us on 0330 094 5880 to discuss your options or let us call you back.