Domestic abuse is never something you should have to put up with, and it does not always involve physical violence. Domestic abuse can also take the form of pestering, harassment, sharing images or videos online, or emotional and psychological abuse by a partner, former partner or family member. Whatever shape it takes, seeking advice early can make a real difference to your safety and to the options open to you. One of the legal protections available is a non-molestation order, a type of injunction designed to stop someone from harming or intimidating you or your children. In this blog, our family law team explains what a non-molestation order covers, who can apply for one, and how the process works.
What Is a Non-Molestation Order?
A non-molestation order is a court order made under section 42 of the Family Law Act 1996. It is a civil injunction that prohibits a person from using or threatening violence against you, and from pestering or harassing you in other ways, including online.
The order can be tailored to your situation and may include restrictions such as forbidding the other person from contacting you directly or through someone else, coming near your home or workplace, or posting about you online. It can also protect any children involved.
The word “molestation” is not defined in the Act itself, and the courts take a broad view of it, so it covers far more than just physical violence. Repeated unwanted phone calls, threatening messages, following you, posting or threatening to post unwanted images online, or turning up uninvited at your home or workplace. These can all amount to molestation, where the behaviour interferes with your or your children’s health, safety, or wellbeing.
Who Can Apply for a Non-Molestation Order?
You can only apply for a non-molestation order against someone you are “associated” with. Section 62 of the Act defines the meaning of “associated persons”, which covers a wide range of relationships, including people who:
- are or were married, or in a civil partnership
- are or were engaged, or had agreed to enter a civil partnership
- live together or have lived together, whether as a couple or in the same household
- are relatives, such as parents, children, siblings or in-laws
- are the parents of a child, or share parental responsibility for one
- are, or have been, in an intimate personal relationship of significant duration
If you are not associated with the person in one of these ways, a non-molestation order is not the right route. However, other protections, such as an order under the Protection from Harassment Act 1997, may be available instead.
How Do You Apply for a Non-Molestation Order?
An application is made to the Family Court on Form FL401, supported by a witness statement that sets out what has happened and why you need protection. You can apply on your own, but many people prefer to instruct a solicitor to prepare the statement and represent them at the hearing.
At O’Donnell Solicitors, our specialist family law team can act swiftly on your behalf to ensure you and any children are removed from a dangerous or abusive situation and guide you through the process of putting the right protection orders in place. We understand that we will sometimes need to act discreetly, and you can trust our team to do this.
Applying for an Order in an Emergency
Where there is an immediate risk, the court can make an order “without notice”, which means it is made before the other person has been told about the application. This allows for urgent protection to be put in place quickly. The other person is then served with the order and given the chance to respond at a later hearing, known as the return date, at which the court makes a final decision on whether the order should continue.
What Happens if the Order is Breached?
Breaching a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996. If the person named in the order disobeys it, they can be arrested and prosecuted, and the penalty on conviction can be up to five years in prison. This means a breach is treated as a police matter, rather than something you are left to enforce on your own. You can also ask the family court to deal with the breach as a contempt of court instead.
How Long Does the Order Last?
A non-molestation order is usually granted for a set period, often six or twelve months, though it can be made for longer or extended if the risk continues. If circumstances change, either party can apply to the court to vary or discharge it.
What About Undertakings?
Rather than a contested hearing, the other person may sometimes offer an undertaking, which in its simplest form is a formal promise to the court to behave in a particular way. The court cannot accept an undertaking where the other person has used or threatened violence and where the order is needed to protect you or your children. Our domestic abuse team can advise you whether an undertaking is appropriate in your circumstances.
Where to Find Support
Applying for a protection order is a legal step. However, you may also need access to other support organisations that can help you in the short term to regain security and in the long term to deal with the effects of domestic abuse. Several organisations in Oldham, across Greater Manchester and nationally offer confidential advice and practical help alongside any legal action:
- Oldham Domestic Abuse Helpline, 0161 770 1572, Monday to Friday, 9 am to 5 pm (answerphone outside these hours): Oldham.gov.uk – domestic violence and abuse.
- Greater Manchester Domestic Abuse Helpline (Independent Choices), 0800 254 0909, Monday to Friday, 10 am to 4 pm. The team can talk through your legal options, including civil orders, and help with safety planning: domesticabusehelpline.co.uk
- End the Fear, endthefear.co.uk, a directory of domestic abuse services across Greater Manchester: endthefear.co.uk
- National Domestic Abuse Helpline, 0808 2000 247, free and open 24 hours a day
- National Centre for Domestic Violence, 0800 970 2070, which helps people apply for emergency injunctions: ncdv.org.uk
- Men’s Advice Line, 0808 801 0327, for male victims of domestic abuse: mensadviceline.org.uk
- Galop, 0800 999 5428, for LGBT+ people experiencing abuse: galop.org.uk
If you are in immediate danger, always call 999.
Speak to Our Family Law Team
At O’Donnell Solicitors, our family law team advises people across Saddleworth, Oldham and the surrounding Greater Manchester area on domestic abuse and the protection available to them, including non-molestation orders and occupation orders. We understand that taking this step can feel daunting, and we will explain your options clearly and handle your matter with discretion. The team also advises on other related matters, from the enforcement of existing court orders to cases involving children, including international child abduction.
Our family law team is headed by Director and Solicitor Anthony Jones, an Accredited Specialist of Resolution, and works in accordance with its Code of Practice, which encourages a constructive approach to family matters. If you are worried about your safety, or that of your children, get in touch with us for a confidential conversation about how we can help. Whatever your circumstances, our team is here to guide you through the process with clarity, sensitivity, and practical advice.
You may also find our related blog useful: Financial Abuse in Marriage.
Please note that this article is intended as general guidance and not as legal advice. The law may have changed since this article was published.