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.

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.

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?

Understanding how a non-molestation order DBS check works is essential for anyone concerned about employment implications. A non-molestation order DBS check result depends on the type of check being conducted and whether any breaches have occurred.

For basic and standard DBS checks, a non-molestation order itself will not appear as it is a civil order, not a criminal conviction. However, the situation regarding a non-molestation order DBS check becomes more nuanced for enhanced checks. An enhanced non-molestation order DBS check may reveal relevant information if police consider it pertinent to the role being applied for, particularly positions involving vulnerable individuals.

The key distinction with a non-molestation order DBS check is that the order alone does not create a criminal record. However, breaching a non-molestation order is a criminal offence, and any conviction would appear on all levels of DBS checks. This means a non-molestation order DBS check becomes significantly more serious if there has been a breach.

For employment in sensitive sectors requiring enhanced checks, a non-molestation order DBS check may disclose circumstances surrounding the order if deemed relevant. Our family lawyers can provide guidance on how a non-molestation order DBS check might affect your specific employment situation and advise on options available to you.

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

Many people ask whether a non-molestation order criminal record exists after an order is made against them. The answer requires understanding the difference between civil orders and criminal convictions. A non-molestation order criminal record is not created simply because an order has been made – the order itself is a civil matter handled by the family court.

However, the relationship between a non-molestation order criminal record becomes relevant if the order is breached. Breaching a non-molestation order is a criminal offence under Section 42A of the Family Law Act 1996, and conviction would create a non-molestation order criminal record that appears on DBS checks.

Concerns about a non-molestation order criminal record often arise when individuals are considering whether to contest an order. While accepting or not opposing an order does not create a non-molestation order criminal record, it is crucial to comply with all terms to avoid any breach that would result in criminal proceedings.

If an order has been made against you and you are worried about a non-molestation order criminal record affecting your future, our family law experts can advise on the distinction between civil and criminal matters. We can also provide assistance and guidance on how to ensure compliance and avoid any breach that might lead to a non-molestation order criminal record.

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.

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.

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.

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.

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

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.

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.

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 serve the documents your self providing this will not cause you any harm or put you in danger.

If you personally chose to serve the documents then you must also complete 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.

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.

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.

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.

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.

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.

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.

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.

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. Breaching a non-molestation order is a criminal offence. This could lead to a sentence of up to 5 years imprisonment and a fine.

In civil proceedings the court who made the non-molestation order can order you to be prisoned, fined or a given a suspended sentence.

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.

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.

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.

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. Where there is a breach of an order or if the order carries a power of arrest the then police will usually arrest the abuser. The abuser will then be bought in front of the court.

If there are no powers of arrest then you will have to go back to the court 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. The court is also likely to add a power of arrest to the injunction in order to strengthen it in future.