Non-Molestation Order Help & Evidence Preparation | JSH Law

If you or a child are in immediate danger

Evidence organisation comes second to immediate safety.

If there is an emergency or an immediate risk of violence or serious harm, contact the police using 999.

A Family Court injunction can form part of a safeguarding plan, but it should not delay emergency police, medical or safeguarding assistance where that is required.

Non-molestation orders are one of the principal protective injunctions available through the Family Court under the Family Law Act 1996.

They are often associated with physical violence.

But domestic abuse is not limited to physical assault.

An application may arise from conduct involving:

• threats;
• coercive or controlling behaviour;
• stalking or monitoring;
• harassment;
• repeated unwanted communication;
• economic abuse;
• psychological or emotional abuse;
• online abuse;
• tracking;
• damage to property;
• abuse involving children;
• post-separation abuse;
• threats involving private sexual material; or
• other behaviour creating a need for protective intervention.

Every case is fact-specific.

The question is not simply:

“Has something unpleasant happened?”

It is:

“What protection is necessary, from what behaviour, and why?”

Behaviour → Pattern → Evidence → Impact → Risk → Protection

The application should help the court understand why protection is required now and what order would address the identified risk proportionately.

The short answer: what is a non-molestation order?

Under section 42 of the Family Law Act 1996, the Family Court can make an order prohibiting a respondent from molesting:

• a person associated with the respondent; and/or
• a relevant child.

When deciding whether to make the order and what terms it should contain, the court considers all the circumstances, including the need to secure the health, safety and well-being of the applicant and any relevant child.

The exact terms depend upon the behaviour alleged and the protection genuinely required.

Start with the protection needed — then build the evidence around it

JSH Law can provide privately funded, defined-scope support with preparing and organising protective-injunction documents for litigants in person.

Depending on the agreed scope, support may include:

• reviewing the circumstances and existing proceedings;
• organising an FL401 application;
• supporting-statement preparation;
• chronology preparation;
• evidence organisation;
• identifying patterns of behaviour;
• mapping incidents to supporting evidence;
• preparing material for a without-notice request;
• return-hearing preparation;
• responding to a non-molestation application;
• bundle organisation;
• special-measures preparation; and
• preparing documents to vary, extend or discharge an existing order.

What is a non-molestation order?

A non-molestation order is a protective injunction made under section 42 of the Family Law Act 1996.

It can prohibit specified conduct by the respondent towards:

• the applicant; and/or
• a relevant child.

“Molestation” is a legal term which can cover unwanted, harassing or abusive behaviour.

The order should be drafted around the facts of the case.

It is not meant to operate as a generic declaration that two people should “behave”.

The current 2026 guidance emphasises that orders should be:

• protective;
• capable of being understood;
• proportionate; and
• readily capable of enforcement.

Who can apply for a non-molestation order?

An applicant normally needs to be an “associated person” in relation to the respondent within the Family Law Act 1996.

That can include, depending on the precise statutory category:

• spouses and former spouses;
• civil partners and former civil partners;
• people who are or were engaged;
• people who live or have lived together;
• people who are or have been in an intimate relationship of significant duration;
• specified relatives;
• parents of the same child; and
• people connected through parental responsibility or certain adoption relationships.

Eligibility is technical.

If the relationship does not fall within the Family Law Act definition, another protective route may need to be considered.

What test does the court apply?

Section 42 requires the court to consider all the circumstances of the case.

In particular, the court must consider the need to secure the:

health, safety and well-being of the applicant and any relevant child.

That means the application should explain more than simply what happened.

It should help the court understand:

• the behaviour complained of;
• the context;
• whether it is isolated or part of a pattern;
• the impact;
• whether there is continuing or future risk;
• why an injunction is needed; and
• what terms would address that risk.

Does there have to be physical violence?

No.

The Domestic Abuse Act 2021 recognises domestic abuse as including:

• physical or sexual abuse;
• violent or threatening behaviour;
• controlling or coercive behaviour;
• economic abuse; and
• psychological, emotional or other abuse.

It can consist of a single incident or a course of conduct.

The Family Justice Council’s 2026 best-practice guidance specifically warns against focusing so heavily on physical violence that other serious forms of abuse are obscured or minimised.

What can a non-molestation order prohibit?

The terms should be tailored to the conduct and risk.

Depending on the facts, an order may address matters such as:

• direct or indirect contact;
• communication through third parties;
• attendance at a home or other specified location;
• attendance at specified roads or areas;
• contact with relevant children where protection requires it;
• tracking the applicant’s location;
• electronic monitoring through devices or applications;
• interference with or damage to property;
• specified social-media conduct;
• threatened disclosure of private sexual images; or
• other specifically identified conduct requiring restraint.

Not every case needs every restriction.

The 2026 guidance stresses proportionality and enforceability.

Can a non-molestation order protect a child?

Yes.

Section 42 permits an order to prohibit molestation of a relevant child.

The supporting evidence should explain:

• how the child is affected;
• what behaviour creates the alleged risk;
• whether the child has witnessed or experienced abuse;
• whether there are existing child-arrangements orders;
• whether contact is taking place;
• whether Cafcass or social services are involved; and
• how the proposed protective terms interact with existing arrangements.

Avoid asking for a child-related prohibition without considering the existing child-arrangements framework.

Non-molestation order or occupation order?

They are different injunctions.

Depending on the circumstances, an applicant can seek one or both using Form FL401.

Occupation orders involve additional statutory tests which depend partly on the parties’ legal relationship to the property and to one another.

What about Domestic Abuse Protection Orders?

Domestic Abuse Protection Orders — DAPOs — are a separate protective regime introduced under the Domestic Abuse Act 2021 and currently operating on a pilot basis in specified areas.

As at September 2026, the pilot applies where the person protection is sought from lives in:

• Greater Manchester;
• Croydon, Bromley or Sutton;
• Hartlepool;
• Middlesbrough;
• Redcar and Cleveland;
• Stockton-on-Tees; or
• North Wales.

A DAPO can provide different or additional protective measures.

That does not mean a non-molestation order automatically becomes unavailable simply because a person lives in a pilot area.

The appropriate protective route depends upon the circumstances.

How do you apply for a non-molestation order?

The usual application form is:

The application must be supported by a witness statement.

There is currently no court fee for applying.

Applications can be made using the available HMCTS routes, including online support through CourtNav or by sending the relevant documents to a Family Court which deals with domestic-abuse injunction applications.

A MIAM is not a prerequisite to an application under Part IV of the Family Law Act 1996.

If safety requires contact details to remain confidential, Form C8 should be considered before documents are filed.

The supporting witness statement is not an afterthought

It is the evidential foundation of the application.

The 2026 Family Justice Council guidance says a supporting statement should be clear and concise and should address matters including:

• the relationship between applicant and respondent;
• sufficient background to understand the case;
• incidents or patterns of abuse;
• the impact;
• supporting evidence or witnesses;
• why the particular protection sought is needed;
• why any specific terms are necessary;
• why a without-notice order is sought, if applicable; and
• any vulnerability relevant to participation in the proceedings.

The statement must contain a statement of truth.

What evidence can support a non-molestation order application?

Evidence may include:

• the applicant’s own witness evidence;
• WhatsApp, text or other messages;
• emails;
• call records;
• voice notes;
• social-media material;
• photographs;
• police incident records;
• crime reference numbers;
• medical records;
• school or nursery records;
• social-services records;
• domestic-abuse-service records;
• financial records relevant to economic abuse;
• location or tracking evidence;
• previous court orders or findings;
• evidence from witnesses; and
• other documents relevant to the behaviour alleged.

Independent corroboration can strengthen an application where available.

But do not turn the application into an exercise in collecting every document ever created.

Evidence should help explain the behaviour and risk — not bury them.

Coercive control often needs to be shown as a pattern

One difficulty with protective-injunction applications is that people often focus exclusively on the latest incident.

The latest incident may explain why the application is being made now.

But it may not explain the risk.

Consider whether the court needs to understand:

• earlier threats;
• monitoring;
• financial control;
• isolation;
• repeated allegations or intimidation;
• threats concerning children;
• post-separation escalation;
• use of third parties;
• online behaviour;
• repeated unwanted contact; or
• another continuing pattern.

A chronology can make this much easier to demonstrate.

What if some of the abuse happened a long time ago?

Older incidents should not automatically be discarded simply because they are old.

But the application should explain their relevance.

Ask:

• Does the earlier incident help explain a continuing pattern?
• Does it explain why a recent communication caused fear?
• Has the behaviour continued in another form?
• Was there a period of separation followed by escalation?
• Is there evidence of ongoing post-separation abuse?
• Why is protection required now?

A ten-year-old event may have little relevance on its own.

The same event may be important if it forms part of a continuing pattern leading directly to the present application.

What is a without-notice non-molestation order?

A without-notice application asks the court to consider making an order before the respondent has been told about the application.

It is sometimes still called an ex parte application.

Section 45 of the Family Law Act 1996 permits the court to make an order without notice where it considers that it is just and convenient.

Relevant statutory considerations include:

• risk of significant harm to the applicant or a relevant child if the order is not made immediately;
• whether the applicant may be deterred or prevented from pursuing the application if an order is not made immediately; and
• circumstances involving awareness of the proceedings and deliberate evasion of service which could seriously prejudice the applicant or child.

The 2026 guidance also requires a modern understanding of domestic abuse.

For example, coercive-control dynamics may be relevant where giving advance notice could create a real risk that the applicant will be pressured into abandoning the application.

Without-notice applications carry a duty of candour

This is fundamental.

When asking a judge to make an order without hearing from the respondent, the applicant must place material facts before the court fairly.

That includes facts which may be adverse to the application.

For example, depending on the case:

• recent consensual communication;
• an existing contact arrangement;
• an incident which is materially disputed;
• a relevant previous order;
• a gap in contact;
• another protective order already in force; or
• another fact which materially affects the judge’s assessment.

Do not improve a protective application by hiding the difficult fact.

Deal with it accurately.

How quickly should an urgent application be considered?

The President of the Family Division’s 2026 guidance establishes a nationally standardised approach.

It states that applications for non-molestation orders should be referred to a judge:

That does not mean every application will automatically result in an immediate injunction.

The judge still has to assess whether the legal test is met and may require a hearing or further procedural steps.

What is the return hearing?

If the court makes a without-notice order, the respondent must be given an opportunity to make representations.

The 2026 guidance requires a return hearing to be fixed rather than leaving the respondent merely to request one if they wish.

Under the guidance, where a without-notice order is made on the papers, the return hearing should ordinarily be listed within:

no more than 28 days.

The purpose is to give the respondent a proper opportunity to:

• agree to the continuation of the order;
• not oppose continuation without admitting the allegations;
• seek changes to the order;
• contest the application; or
• seek another procedural outcome.

A without-notice order is not a finding that all allegations are true.

What should you do if you have been served with a non-molestation order?

Read the order carefully.

Obey it while it remains in force.

Do not breach the order because you disagree with the allegations.

The 2026 guidance introduced Form FL435 — Response to a Non-Molestation Order.

It allows the respondent to indicate broadly whether they:

• agree with the applicant’s case and the continuation of protection;
• dispute the allegations but do not oppose the order continuing on a no-findings basis; or
• dispute the allegations or terms and wish the matter to be contested.

Follow the deadline specified in the order and response form.

Can a non-molestation order continue without findings of fact?

Yes.

At a return hearing, the respondent may be willing to submit to the order continuing without admitting the allegations.

If so, the order should make clear that:

the court has made no findings of fact.

That distinction matters.

An order made on a no-admissions or no-findings basis should not later be described as though the court found every allegation proved.

Equally, the absence of findings does not mean the order itself can be ignored.

What is an undertaking?

An undertaking is a formal promise given to the court.

At a return hearing the court may explore whether an undertaking is appropriate.

But it is not always an adequate substitute for a non-molestation order.

The Family Law Act provides that an undertaking should not be accepted instead of a non-molestation order where:

• the respondent appears to have used or threatened violence against the applicant or a relevant child; and
• the protection required makes it necessary for breach to be capable of punishment under section 42A.

The nature of the alleged behaviour and the protection required therefore matter.

Ask for terms which are clear enough to obey — and enforce

The 2026 guidance discourages vague wording which can be difficult to understand or enforce.

The order should tell the respondent what they must not do.

For example, depending on the case, a clearly defined restriction on contact may be more workable than broad wording such as:

“Do not pester or annoy the applicant.”

Likewise:

“No direct or indirect contact except by email solely concerning arrangements for the children”

may, where justified, be easier to understand.

The precise term must fit the facts.

What if the parties still need to communicate about children?

This needs careful drafting.

The current guidance specifically recognises that a total communications ban may be disproportionate where the parties:

• share children;
• have ongoing child-arrangements proceedings;
• need to exchange evidence; or
• have another legitimate reason for limited communication.

Depending on safety and the facts, a permitted route might be:

• through solicitors;
• through an agreed third party;
• through a specified parenting application;
• through one defined email address; or
• by another tightly defined route.

Be precise about exclusion zones

If an applicant seeks to prevent the respondent attending near:

• a home;
• a school;
• a nursery;
• a workplace; or
• another location,

the terms need to be enforceable.

The 2026 guidance discourages vague radius wording such as:

“Do not come within 100 metres of the applicant’s home.”

Named roads or another clearly defined geographical boundary may be preferable where a geographical exclusion is justified.

The court must also consider whether the respondent legitimately needs access to the surrounding area.

How long does a non-molestation order last?

There is no automatic universal duration.

Under the 2026 guidance, a non-molestation order must have a fixed end date.

The guidance recognises that an appropriate period may, depending on the circumstances, be substantial — for example six or twelve months.

The duration is for the judge to determine in the circumstances of the case.

A return-hearing date is not a substitute for specifying when the order itself ends.

How is a non-molestation order served?

Service matters because the respondent needs to know the terms of an order carrying serious consequences for breach.

Personal service is the starting point under the 2026 guidance.

Importantly:

The applicant must not personally serve the protective order on the respondent.

Service may be undertaken by:

• a court bailiff; or
• an appropriate process server, depending on arrangements.

An unrepresented applicant can ask the court to undertake service.

Form D89 is used to request personal service by a court bailiff where applicable.

Form FL415 records service under the Family Law Act 1996.

If personal service is genuinely not possible, a different method may require a specific court order.

Keep confidential contact details out of the wrong documents

If disclosure of an address, telephone number or other contact information could create a safety risk, consider Form C8 — Confidential Contact Details.

This is particularly important where:

• the applicant has moved to a confidential address;
• the applicant is living in a refuge;
• a child’s school or location needs protection; or
• the respondent does not already know the relevant contact details.

What happens if a non-molestation order is breached?

Breach is serious.

Under section 42A of the Family Law Act 1996, a person who without reasonable excuse does something prohibited by a non-molestation order commits a criminal offence.

The offence is punishable by up to:

five years’ imprisonment

as well as other available sentencing outcomes.

If you believe an order has been breached:

• prioritise immediate safety;
• contact the police where appropriate;
• preserve the evidence;
• record the date, time and conduct;
• keep relevant messages, calls or CCTV;
• retain the current sealed order; and
• avoid retaliatory or prohibited contact.

The existence of the order does not make every future disagreement a breach.

The question is whether the conduct falls within the actual terms of the order.

Can a non-molestation order be varied, extended or discharged?

Yes.

Form FL403 is used to ask the court to vary, extend or discharge an existing non-molestation or occupation order.

The existing order must still be in force when that application is made.

Reasons might include:

• continuing risk close to the expiry date;
• a change in circumstances;
• a term which has become unworkable;
• new child-arrangements provisions;
• a change of address;
• a need for a different communications route; or
• a respondent seeking to challenge or discharge the order.

Do not simply agree privately to ignore part of an order which remains in force.

What if there are child-arrangements proceedings as well?

This is common.

A non-molestation application may exist alongside:

• a C100 application;
• a C1A;
• child-arrangements proceedings;
• fact-finding proceedings;
• Cafcass involvement;
• enforcement proceedings; or
• another Family Law Act application.

The President’s 2026 guidance encourages courts to identify parallel Family Law Act and private-law children proceedings involving the same parties and abuse allegations.

This matters because factual issues should not drift between parallel proceedings without proper case management.

Special measures and participation directions

Protective-injunction proceedings can themselves be distressing or unsafe if participation is not managed properly.

Under Part 3A and Practice Direction 3AA, the court must consider vulnerability and whether participation directions are required.

Measures can include, depending on the case and available facilities:

• remote attendance;
• screens;
• separate waiting arrangements;
• video evidence;
• adjustments to questioning;
• support for communication needs; or
• other measures necessary to enable effective participation.

Raise these issues early.

Do not wait until the hearing begins if the court needs time to arrange protection or facilities.

Will an alleged abuser be allowed to cross-examine the applicant personally?

Not necessarily.

Family proceedings contain statutory protections restricting direct cross-examination in specified domestic-abuse circumstances.

Depending on the case:

• direct questioning may be prohibited automatically;
• the court may make a prohibition direction;
• alternative means of questioning may be used; or
• a qualified legal representative may potentially be appointed for the limited purpose of cross-examination where the statutory requirements are met.

The issue should be identified in advance of any contested evidence hearing.

Can legal aid be available for a non-molestation order?

Potentially, yes.

Legal aid can cover certain cases involving protection from domestic abuse or harassment, subject to the applicable eligibility rules.

If you may qualify, it is sensible to investigate funded legal representation before paying privately for broader litigation support.

Evidence may come from sources including:

• courts;
• police;
• health professionals;
• social services;
• domestic-abuse services;
• refuges;
• MARAC;
• employers or education providers; and
• financial institutions in relevant cases.

Common mistakes in non-molestation order applications

What happened? → What shows it? → What was the impact? → What is the risk now? → What protection is needed?

That is usually a more useful starting point than trying to decide how many screenshots to attach.

How JSH Law can help with a non-molestation order case

JSH Law provides privately funded, defined-scope litigation and document-preparation support for litigants in person.

Depending on the agreed scope, support may include:

• reviewing the latest circumstances and existing orders;
• organising FL401 information;
• supporting-statement preparation;
• building a domestic-abuse chronology;
• identifying alleged patterns of behaviour;
• organising screenshots and digital evidence;
• preparing an evidence index;
• mapping incidents to supporting documents;
• identifying evidential gaps;
• organising professional evidence;
• drafting from the client’s factual instructions;
• preparing material explaining why without-notice consideration is sought;
• return-hearing preparation;
• reviewing FL435 response material;
• preparing for a contested hearing;
• bundle preparation;
• special-measures preparation;
• organising breach evidence;
• preparing material for variation or extension applications; and
• deadline and hearing tracking.

Asking JSH Law for non-molestation order help? Send these first

If the situation is urgent, do not delay an appropriate emergency response while trying to assemble a perfect file.

For document and case-preparation support, start with:

1. A short explanation of what has happened and why protection is needed now.
2. The date of the most recent incident or concerning behaviour.
3. Any existing non-molestation, occupation or restraining order.
4. Any current child-arrangements order.
5. Any existing C100 or C1A.
6. Any current Family Court proceedings and case number.
7. Any FL401 already prepared.
8. Any supporting witness statement already drafted.
9. Any return-hearing notice or order.
10. Any FL435 response received.
11. A small selection of the clearest immediately relevant evidence.
12. Any urgent filing or hearing deadline.

Check legal aid before paying privately where funded representation may be available

Protective-injunction proceedings are an area in which legal aid may be available, subject to eligibility.

If you may qualify for funded representation, JSH Law encourages you to investigate that option.

Where JSH Law is instructed privately, the work and fee basis will be agreed before substantive work begins.

Frequently asked questions about non-molestation orders

Related JSH Law guides

• Domestic Abuse Evidence & PD12J in Family Court
• Family Court Evidence & Chronology Help
• Schedule of Allegations & Responses Help
• Family Court Hearing Preparation
• Family Court Bundle Preparation Help
• Family Court Legal Aid
• Urgent Family Court Document Help

Official law, rules and guidance

This page has been prepared by reference to current official sources including:

• Family Law Act 1996 – Part IV
• Family Procedure Rules Part 10 – Applications under Part IV of the Family Law Act 1996
• Practice Direction 10A – Part IV of the Family Law Act 1996
• President of the Family Division’s Guidance 2026 – Non-Molestation Orders
• Family Justice Council – Best Practice Guidance for Protective Injunction Applications
• HMCTS – Form FL401
• HMCTS – Form FL403
• HMCTS – Form FL415: Statement of Service
• HMCTS – Form D89: Request for Personal Service
• HMCTS – Form C8: Confidential Contact Details
• Domestic Abuse Act 2021
• GOV.UK – Domestic Abuse Protection Order Pilot
• GOV.UK – Legal Aid and Domestic Abuse

Legal and procedural information last checked: 16 September 2026.

Important service information

JSH Law provides defined-scope litigation support, document-preparation assistance and practical support for litigants in person.

Assistance with a non-molestation order application can include helping to organise a client’s factual instructions, evidence, chronology and court documents within the scope agreed.

JSH Law does not determine whether allegations are true, guarantee that an injunction will be granted or predict how a court will determine disputed evidence.

A litigant in person remains responsible for checking and approving factual allegations, signing statements of truth, complying with court directions, filing and service where required and meeting deadlines.

Where formal regulated legal advice, conduct of litigation, reserved advocacy or legal representation is required, assistance should be sought from an appropriately authorised legal professional.

This page provides general information about protective injunction proceedings in England and Wales. It is not case-specific legal advice. Protective-order applications are highly fact-sensitive and urgent safeguarding decisions should be based on the individual circumstances.

Protection starts with explaining the risk clearly

What happened? What evidence exists? Is there a pattern? What is the risk now? What protection does the court actually need to put in place?

JSH Law can help organise those questions into a clearer working case.