Domestic abuse: What is a non-molestation order and when might I need one?

Domestic abuse is still a widely under-reported crime, with only around 24% of cases reported to the police. This makes it difficult for victims to gain protection and prosecution.

If you’re experiencing domestic abuse, either in a current relationship or one that has ended, there are steps you can take to protect yourself, one of which is seeking a non-molestation order.

A non-molestation order prohibits the person abusing you from threatening, harassing or contacting you, which can be invaluable for your physical and mental health. Breaching the order is an arrestable offence.

Getting a non-molestation order

According to the Gov.uk site, you can apply if you’re a victim of domestic abuse and the respondent is:

• your husband, wife or civil partner
• your former husband, former wife or former civil partner
• your fiancé, fiancée or proposed civil partner
• a former fiancé, former fiancée or former proposed civil partner – if your engagement or agreement to form a civil partnership ended less than 3 years ago
• your boyfriend, girlfriend, partner or a person you’re in or have been in a relationship with for more than 6 months
• a family member (parent, brother, sister, aunt or uncle)
• the mother or father of your child or grandchild, or adoptive parent of your child or grandchild

Non-molestation orders can be issued for any aspect of abuse e.g. financial, controlling behaviour, physical abuse etc. 

You can apply for a non-molestation order yourself via the Gov.uk website, but it is important you consider seeking legal advice before you do.

A solicitor can help you:

• Prepare your witness statement, giving you advice on what to include and how to organise the information, and helping you identify the most important aspects to cover
• Understand whether you should submit an urgent non-molestation order application or a non-urgent one and the difference in processes
• Begin a diary of events, if you aren’t already doing so
• Manage the process on your behalf, taking away some of the stress
• Identify next steps if the order is contested or breached
• Exit your relationship safely, and connect you with organisations that can help you

What will the court be looking for to issue a non-molestation order?

Non-molestation orders are decided by a judge. The judge will look at whether an order should be in place based on the balance of harm test.

The balance of harm looks at the likelihood of significant harm to either party and/or your children if an order is made, against the likelihood of significant harm if the order is not made.

You can read more about the balance of harm test in our Ultimate Guide, but it aims to ensure the safety of everyone involved.

Your solicitor will help you understand how this should shape your witness statement and the things that need to be included to meet this test. Your witness statement is the most important part of your application so gaining legal advice is invaluable to give yourself the best chance of a positive outcome.

What happens if my non-molestation order is contested?

If your non-molestation order is contested then the court will schedule a hearing that is longer, allowing time for evidence to be cross-examined and the respondent’s witness statement to be read.

This can mean the process lasts longer, sometimes months longer, and incur more expenses. But if your non-molestation order is upheld (meaning that it will stay in place), there are options for you to recover legal expenses from the respondent. The judge decides how much will be paid to you if you are successful in upholding the order.

Instead of contesting the order, the respondent can offer an “undertaking” to the court. Essentially, this promises that they will do everything set out in the non-molestation order but with no power of arrest attached to it. It’s important to note that these can be harder to enforce because of this limitation. 

Sometimes, the court can decide on issuing an undertaking but this is rare.  

Getting legal help with a non-molestation order

Leaving an abusive relationship can be incredibly challenging and isolating. Reaching out for help and support is vital to your mental and physical safety.

Your solicitor can help you with your application and any additional legal avenues (divorce, financial settlements, child visitation rights and living agreements) and connect you with relevant services that will support you during this process.

If you’re in an abusive relationship, or you have left the relationship but you’re still experiencing abuse, then we’re here to support you. Contact our family law experts on 0333 344 6302 or email info@blanchardslaw.co.uk.